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(영문) 춘천지방법원 2016.12.15 2015노1020

공문서부정행사

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenarios) of the Gangwon Islands uses the abstract of resident registration for the purpose of identifying the identity, and thus, if the abstract of resident registration was presented in the Gangwon Islands for the purpose of identifying the identity, it constitutes an unlawful uttering of official document.

2. Even in cases where the person who has the right to use the judgment and the person who has not used the official document specified for the purpose, is not used for the original purpose of the official document, the crime of uttering of the official document under Article 230 of the Criminal Act shall not be established.

(2) In light of the legal principles as seen earlier, the abstract of resident registration does not constitute the original purpose of the abstract of resident registration (see Article 1 of the Resident Registration Act). The abstract of resident registration does not constitute the original purpose of the abstract of resident registration (see, e.g., Supreme Court Decision 2002Do4935, Feb. 26, 2003). The abstract of resident registration (see, e.g., Article 1 of the Resident Registration Act).

Therefore, the mere fact that the abstract of another person’s resident registration was presented for the purpose of identification as in the instant case is not used for the original purpose, and thus, the crime of unlawful uttering of official document cannot be established.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.