Requirements for the establishment of fabrication of public documents

If an ordinary person prepares a document that has the form and appearance to believe that it is a document prepared within the authority of a public official or a public office, the crime of forging a public document is established. Thus, if the defendant affixes his official seal and seal on a medical certificate under the name of the head of the National Police Hospital, and enters the name and name of the patient, the name of the patient, and the future medical clinic, even if there is no number or signature and seal of the doctor, this constitutes a crime of forging a public document because it has the form and appearance as a

Article 225 of the Criminal Act

Supreme Court Decision 68Do1570 Decided January 21, 1969

Defendant

Defendant

Seoul High Court Decision 87No424 delivered on June 3, 1987

The appeal is dismissed.

The grounds of appeal are examined.

1.The crime of forging an official document is established if the ordinary person prepares a document which has the form and appearance to believe that it is a document prepared within the authority of a public official or a public office.

If the defendant affixes his official seal and seal on the medical certificate under the name of the head of the National Police Hospital, and states the patient's name, name and name of disease, and opinions on future treatment, even if there is no issuance number or doctor's signature and seal, it shall have the form and appearance as an official document. Therefore, the court below's decision that it was applied as a crime of forging public document is just and there is no error of law by misapprehending

2. Examining the evidence in comparison with the records stated in the reasoning of the judgment of the court of first instance maintained by the court below, the facts constituting the crime against the defendant can be acknowledged in the judgment of the court of first instance, and there is no violation of the rules of evidence in the recognition process

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Jong-sik (Presiding Justice)