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(영문) 수원지방법원 안산지원 2013.05.30 2013고정352

불실기재공정증서원본행사

Text

The defendant shall be innocent.

Reasons

On May 6, 1973, the defendant reported falsely to the public official in charge of family register who has died on May 7, 1973 and made the public official in charge of family register enter the false matters into the family register which is the original authentic document.

On March 2009, the Defendant held a copy of the above removed register, stating the above fact of insolvency, at the F attorney-at-law office located in Ansan-si, Seoul Special Metropolitan City E. 202, Ansan-si, Seoul Special Metropolitan City (hereinafter referred to as the “F attorney-at-law office”) to G who is unaware of the circumstances.

Judgment

Article 229 of the Criminal Act provides that a person who uses a special media record, such as a document, drawing, electronic record, etc. made by a crime under Articles 225 through 228 of the Criminal Act, an original copy of a notarial deed, a license certificate, a permit, a registration certificate, or a passport shall be punished by the penalty prescribed for the relevant crime. Article 228(1) of the Criminal Act provides that a person who makes a false report to a public official and makes another person enter or register any false fact in the original copy of a notarial deed or the same electronic record, etc. shall

In light of the provisions of Articles 229 and 228(1) of the Criminal Act and the penal provisions of Articles 229 and 228(1) shall be strictly interpreted in accordance with the language and text, and the principles that shall not be excessively expanded or analogically interpreted in the direction unfavorable to the defendant, the "original of notarial deeds" under the above provisions shall not be deemed as

I would like to say.

(2) The Defendant’s act of this case constitutes a crime of uttering of the original notarial deed under Article 229 of the Criminal Act, and thus, the above facts charged do not constitute a crime under the former part of Article 325 of the Criminal Procedure Act. Thus, it is so decided as per Disposition by the assent of all participating Justices on the bench, who are not guilty under the former part of Article 325 of the Criminal Procedure Act.