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(영문) 서울남부지방법원 2017.11.02 2016노2476
공문서변조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The offense of altering the document with the gist of the grounds for appeal is established where the document is modified at will without authority, regardless of whether the modified content conforms to the substantive relations;

As stated in the facts charged, the Defendant arbitrarily deleted or changed a specific phrase, etc. of “BD decision” without filing a legitimate objection or modification procedure as prescribed by the F Act and subordinate statutes, and thus, the Defendant’s intent to commit the crime of altering or accompanying a document is recognized.

In the interpretation of the relevant provisions, the subject matter of an objection shall not be limited to the part affecting the effects of administrative disposition, and there is a justifiable reason that does not recognize the illegality of the defendant, since the contents of the defendant's arbitrarily deleted or altered are not irrelevant to the effects of administrative disposition.

It is also difficult to see it.

Ultimately, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles.

2. The lower court, based on the evidence submitted by the prosecutor, found that the Defendant had the intent to alter the BD decision or had the awareness of illegality.

The instant facts charged was acquitted on the ground that it is difficult to recognize it and there is no other evidence to acknowledge it.

In full view of the circumstances in the reasoning of the court below acknowledged by the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable, and there were errors in the misapprehension of the legal principles as alleged by the prosecutor.

subsection (b) of this section.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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