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(영문) 수원지방법원 2015.01.15 2014노1086
사문서변조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment of imprisonment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too large;

2. Judgment ex officio as to the alteration of each private document and the uttering of each falsified document

A. In the crime related to documents under the Criminal Act, the document is a copy of the original, which is an indication of the intention or concept indicated on the object continuously by letters or the virtual code capable of substituting them, or by mechanical means that can present the same social function and credibility, etc., and its contents can be admitted as evidence with respect to material facts in legal and social life (see, e.g., Supreme Court Decisions 2004Do788, Jan. 26, 2006). The image displayed on the computer monitoring screen cannot be viewed as continuously fixed on the screen because it is merely an electronic response to the image file at each time when the program is implemented for viewing the image file, and it cannot be seen as being continuously fixed on the screen. Thus, the crime related to documents under the Criminal Act does not constitute “documents” (see, e.g., Supreme Court Decisions 2007Do7480, Nov. 29, 207; 2008Do3108, Apr. 10, 2008).

(See Supreme Court Decision 201Do1441 Decided February 23, 2012). B.

In light of the above legal principles, the following circumstances acknowledged by the record, namely, ① the Defendant modified the test report issued by the FITI Testing Research Institute on October 26, 2012 and the Korea KNI Testing Research Institute on August 23, 2010, issued by using the computer program of “FITI Research Institute,” as stated in the facts charged, and ② the Defendant altered as above.

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