[1] The meaning of "documents" in the crime concerning documents under the Criminal Code

[2] Whether image appearing in a computer monitor constitutes "documents" under the Criminal Act (negative)

[3] The case affirming the judgment below which acquitted the defendant on the ground that the above files do not constitute documents under the Criminal Code with respect to the facts charged that the "grador file" in the name of the Director General of the National University Academy

[1] Articles 225 and 231 of the Criminal Act / [2] Articles 225 and 231 of the Criminal Act / [3] Article 225 of the Criminal Act

[1] [2] Supreme Court Decision 2007Do7480 Decided November 29, 2007, Supreme Court Decision 2008Do1013 Decided April 10, 2008 / [1] Supreme Court Decision 2004Do788 Decided January 26, 2006 (Gong2006Sang, 365) Supreme Court Decision 2010Do2705 Decided July 29, 2010 (Gong2010Ha, 1767)

Defendant

Prosecutor

Busan District Court Decision 2010No352 Decided April 29, 2010

The appeal is dismissed.

The grounds of appeal are examined.

In the crime related to documents under the Criminal Act, a document is a copy of a document by mechanical means that makes it possible to identify the original, which is an indication of the intention or idea stated on the material object continuously or its social function, credibility, etc., and its contents can be admitted as evidence with respect to important matters in legal and social life (see Supreme Court Decision 2004Do788, Jan. 26, 2006). The image shown on the computer monitoring screen is merely shown on the screen when the program to see the image file is implemented, and it cannot be deemed that it is continuously fixed on the screen because it causes an electronic response at that time. Thus, it does not constitute a document related to the crime related to documents under the Criminal Act (see Supreme Court Decisions 2007Do7480, Nov. 29, 2007; 2008Do1013, Apr. 10, 2008, etc.).

In the same purport, the court below found the defendant not guilty of the facts charged of this case on the ground that the files of the certificate of graduation in this case do not constitute documents related to documents under the Criminal Act, since the files of this case should be viewed as the files by implementing a certain program in order to see the files.

The judgment of the court below is not erroneous in the misapprehension of legal principles as to the concept of document under the Criminal Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Chang-soo (Presiding Justice)