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(영문) 춘천지방법원 영월지원 2015.09.18 2015고단205

공문서부정행사

Text

The defendant shall be innocent.

Reasons

1. On May 1, 2015, the Defendant was required to present an identification card to enter a casino at the Gangwon-do Casino Identity Screening Team located in the 265 Gowon-gun, Gangwon-do, Gowon-gun, and a security personnel B, around 11:30.

Accordingly, the defendant suggested to B the abstract of the resident registration certificate C, which was issued by the branch C, as if he were the abstract of the resident registration certificate.

Accordingly, the defendant used the abstract of resident registration as an official document unlawfully.

2. The certified copy and abstract of resident registration is merely an official document with only the function of proving the resident’s residence at the time of issuance, and it cannot be deemed that it generally has the function of “certification of the same person” except in exceptional and special cases like a minor.

In addition, the scope of the unlawful use of official document under Article 230 of the Criminal Act is not limited unless there is a separate penal provision regarding the unlawful use of the legally issued abstract unlike the case of the unlawful issuance of the abstract of resident registration under the Resident Registration Act.

(1) The Criminal Procedure Act provides that “The facts charged in this case are not a crime” under the former part of Article 325 of the Criminal Procedure Act, and the former part of Article 325 of the same Act provides that “The former part of Article 325 of the same Act shall apply mutatis mutandis.”