[허위공문서작성·허위공문서작성행사][집24(2)형,93;공1976.10.15.(546),9355]
If a person who is not a public official makes a false certificate by deceiving a public official, the preparation of a false public document and the nature of the crime of uttering;
Even if a person, other than a public official, deceiving a public official to prepare and exercise a false certificate, the preparation of a false public document and the crime of uttering shall not be constituted.
Defendant 1 and one other
Prosecutor
Daegu District Court Decision 75No767 delivered on November 28, 1975
The appeal is dismissed.
We examine the prosecutor's grounds of appeal.
The court below did not have any other evidence to conclude that Defendant 2 conspired with Defendant 1 and Defendant 1 and Defendant 2 to prepare a false official document with the knowledge of the fact that the evidence submitted by the prosecutor was false, and there is no other evidence to acknowledge this, and Defendant 1, who is not a public official, conspired with Defendant 2 who is a public official, in the absence of evidence to prove that Defendant 2 conspireds with Defendant 1 and Defendant 2, the court below, even if Defendant 1 conspiredd to prepare a false official document by deceiving the public official and exercised the certificate, on the ground that the preparation of a false official document and the execution of the document did not constitute a crime of uttering, the court below sentenced Defendant 1 not guilty on the ground that it did not constitute a crime of preparation of a false official document, and it cannot be a legitimate ground for appeal in the original judgment, and there is no error of law by misunderstanding legal principles
All arguments are groundless.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Young-jin (Presiding Justice)