The case reversing the judgment of the court below which found the guilty on the ground that there was no criminal intent against the crime of false entry in the authentic copy of a notarial deed.

Where a registration of transfer of ownership was made with respect to a real estate owned by another person whose name is the same as the deceased husband, the case reversing the judgment of the court below convicting the defendant on the ground of violation of the rules of evidence and legal scenarios, etc. on the ground that the defendant has no criminal intent against the false entry in the original copy of

Articles 13, 228, and 229 of the Criminal Act; Article 308 of the Criminal Procedure Act

Defendant

Defendant

Attorney Political Service

Daegu District Court Decision 94No539 delivered on September 2, 1994

The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

The grounds of appeal by defense counsel are examined.

According to the reasoning of the judgment of the court below and the judgment of the court of first instance cited by the court below, the defendant, based on the evidence inside the court below, had the above office 1494m2, 157m2, 1514m2, 1514m2, 1558m2, 1557m2, 157m2, 5722, 34m2, 157m2, 157, and 1578m2, and 1578m2, 1578m2, and 1574m2, and 1576m2 and 344m2 of the above 1576m2, who was the defendant's husband and the defendant's 1 and 144m2, who were the defendant's children, enter the same name as the defendant's 1 and 19m2's share in the above land in the above 19m2 registration application form.

However, as to the facts charged of this case, the defendant filed an application for ownership transfer registration on the instant real estate from the police to the court of the court below for the above fact that the defendant filed an application for ownership transfer registration on the ground of inheritance with the above Kim Jong-do office, but he was only aware that Nonindicted 3, the husband of the instant real estate, purchased and registered before the birth, was the deceased husband, and only knew that he was the deceased husband. Since Nonindicted 1, who was recorded in the register, was unaware of the dead husband, there was no intention to commit a crime against the facts charged of this case, there

In light of the records, the above real estate registration number of the defendant was no longer known to the non-indicted 1's husband's non-indicted 9's real estate registration number, and the defendant was no longer known to the non-indicted 2's husband's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-1's non-indicted 9's non-6's.

Therefore, the defendant cannot be held liable for the crime because he had no intention to commit the crime of false entry in the original of the notarial deed of this case and the crime of its uttering. However, the court below found the defendant guilty on the sole basis of such evidence that he had a criminal intent to commit a crime. Therefore, the court below did not err by misapprehending the legal principles as to the crime of false entry in the original of the notarial deed of this case and the crime of its uttering, which affected the conclusion of the judgment, since the court below did not err by misapprehending the rules of evidence, or by misapprehending the legal principles as to the crime of false entry in the original of the notarial

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-ho (Presiding Justice)