[허위공문서작성등][공1973.10.15.(474),7535]
The document which is the object of the crime of preparation of a false official document must be prepared not only in cases where the holder of the title in the document is specified, but also in cases where the person does not specify the document, to the extent that anyone can be inferred from the document itself such as the form and content of the document.
Defendant
Prosecutor
Daegu District Court Decision 72No34 delivered on May 18, 1973
The appeal is dismissed.
Judgment on the grounds of appeal by the prosecutor
The document which is the object of the crime of preparation of a false official document is not only the case where the title holder in the document is specified, but also the document itself, such as the form of the document, even though the title holder does not specify the document, which can only be the object of the crime. In this case, the record reveals that "the list of the holders of new seeds" can not be inferred if no title holder exists, and if only the document itself is viewed as the document itself, it cannot be viewed as the document which is the object of the crime of preparation of a false official document, because it cannot be viewed as a document which is the object of the crime of preparation of a false official document, and it is reasonable in the court below's holding that the document cannot be viewed as a document which is the object of the crime of preparation of a false official document, and there is no error of misunderstanding facts or of interpreting the legal principles.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Byung-ho (Presiding Justice)