[공문서위조,공문서위조행사등][집16(3)형,053]
Whether the resident registration register or the seal imprint register is an authentic document
A. The resident registration book is not an official book aimed at certifying the acquisition, loss, etc. of rights and obligations, and thus, it is not an authentic deed under Article 228 of the Criminal Act.
B. The seal imprint register is not a notarial deed as an official book for which the applicant's seal imprint registration is filed in order to promote the convenience of the public by proving the applicant's seal imprint being used by the administrative agency as of the
Article 228 of the Criminal Act, Article 229 of the Criminal Act, Article 1 of the Resident Registration Act
Defendant 1 and two others
Seoul Criminal District Court Decision 68No227 delivered on August 20, 1968, including Seoul Criminal District Court Decision 68No227 delivered on August 20, 1968
We reverse the original judgment.
The case is remanded to Seoul High Court.
Defendant 1’s ground of appeal is examined.
According to the reasoning of the judgment of the court below and the judgment of the court of first instance maintained by the court below, the court of first instance and the court of first instance recognized the defendants' false report in the facts No. 1-2, No. 2, No. 2, No. 2, of the judgment of the court of first instance against the defendants, and recognized the fact that they made a false report in the resident registration ledger, and they were charged as the crime of making false entry in the original copy of a notarial deed and the crime of uttering of keeping the same. However, as stated in Article 1 of the Resident Registration Act, the resident registration book is not a public book for the purpose of certifying the residential relationship and clarifying the movement of the Si/Gun residents at all times in order to ensure proper and simple administrative affairs, and it is not a public book for certifying the acquisition, loss, etc. of rights and duties as a public book to register an address or residence other than the family registration without the family registration, so even though it is not a notarial deed as defined in Article 228 of the Criminal Act,
In addition, according to the reasoning of the judgment of the court of first instance maintained by the court below ex officio, the court of first instance and the court of first instance committed the crime of cutting the seal imprint register into a notarial deed from the facts of 1.-2-2 (2) against the Defendants. However, as stated in Article 1 of the Certification of Seal Imprint Act, the seal imprint register is a public book in which the administrative agency certifies the applicant’s seal impression currently used as a notarial deed in order to promote the convenience of the public by proving the applicant’s seal impression as stated in Article 1 of the Certification of Seal Imprint Act, and the above reasons are also not a notarial deed, so the above reasons are also not a notarial deed, and thus
Therefore, the judgment of the court below is reversed without a need to explain the remaining grounds of appeal and the grounds of appeal by the defendant Kim Jin and Kim Jong-sik, and the case is remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Judge Do-dong (Presiding Judge) of the Supreme Court