In the case of preparation of false public documents, the summary of the deliberation on whether the defendant has the authority to prepare the documents

Since the crime of preparing false official document is an identification crime in which the public official who is the authority to prepare such official document is the person who is the authority to prepare such official document, the defendant's act should be confirmed to be the crime of preparing false official document.

Article 227 of the Criminal Act

Defendant

Defendant

Attorney Kim Jong-sung

High Military Court Decision 83 High Military Port No. 290 delivered on October 28, 1983

The judgment below is reversed, and the case is remanded to the Army, High School, and Military Court.

The defendant's defense counsel's grounds of appeal are examined.

According to the reasoning of the judgment of the court of first instance maintained by the court below, the defendant, based on the evidence adopted by the court below, is a commander of the combat forces belonging to the court below, and as the defendant was present at the promotional education column of the 3.18th day of the list of the class members of each of the above reserve forces, 1 copy of the list of the reserve forces, which is an official document under the name of the court below, and (b) at the above date, place, 27, 3, and 4, who did not attend the promotional education for the reserve forces at the headquarters belonging to the public headquarters around 18:0 of March 18, 1983, and 27: (a) as the defendant was present at the promotional education column of the 3.18th day of the list of the class members of the reserve forces; and (b) as the public document form, which was a document duly formed with the formation of the class list of the reserve forces under the above paragraph (a) above, and (2) 29-27) of the so-called Act.

However, according to the records (entry in a copy of the list of classes in Geman only), since the list of classes of the defendant prepared by the defendant is 27 minutes and 4 minutes, 1, 34 minutes and 1, 4 minutes and 27 minutes and 4 minutes for the reserve forces, 1, and 34 minutes and 4 minutes for the reserve forces in the above holding, 27 minutes and 1, and 24 minutes and 34 minutes for the reserve forces in the above holding, 2, and 34 minutes and 4 minutes for the defendant's 4 minutes and 3 were stated as attending public relations and education on March 18, 1983, the court below did not err in the misapprehension of legal principles as to the preparation of a false official document, and it did not err in the misapprehension of legal principles as to the preparation of a false official document, or in the misapprehension of legal principles as to the preparation of a false official document.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the case is remanded to the High Military Court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices O Sung-sung(Presiding Justice)