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Main Issues
A. Deliberation and judgment on the subsequent person in a case where a public prosecution has been instituted as to the fact that false facts were stated in the authentic copy of the authentic deed and there is no public prosecution as to the exercise of the authentication and there is no public prosecution as to such exercise
(b) Forgery of documents in the name of the deceased who is not prepared as a day during his lifetime and creation of a group of private documents;
Summary of Judgment
Unless a public prosecution is instituted against any one of the two acts related to the means or results, such part shall not be examined and determined.
[Reference Provisions]
Articles 225, 229, and 228(1) of the Criminal Act
upper and high-ranking persons
Prosecutor
Judgment of the lower court
Daejeon High Court, Daejeon High Court, Seoul High Court, etc.
Reasons
Although the act of having the original of a notarial deed stating false facts in the original of a notarial deed and the act of keeping it in a public office is different means between both acts, it is impossible to judge if there is no prosecution for any one of such acts. In this case, according to the indictment, it is stated that there was entering false facts in the original of a notarial deed in the forest register and the register book, but there is no evidence as to the fact that the notarial deed and the register were kept and exercised at the tax office or the registry office, it cannot be prosecuted as to the crime of uttering of the original of a notarial deed, even though there is no deliberation and determination as to this point, even though the document under the name of a third party was forged as to the uttering of the notarial deed, the court below did not err in the misapprehension of legal principles as to the notarial deed and the notarial deed in the name of the defendant who was the owner of the notarial deed and the notarial deed, which was the owner of the notarial deed, even if the title of the notarial deed was already deceased at the time of making the document under the name of the 3rd.
Justices White-sung (Presiding Justice) and Kim Jong-sung (Presiding Justice)