If the person who prepared the private document dies, the nature of the crime of preparing qualification documents or the crime of uttering;

If the title holder of a private document has already died, the document shall not constitute the crime of forging or uttering the private document unless the date of preparation of the document is the date when the title holder is alive of the title holder, and this shall also apply to the crime of preparing the private document for qualification or uttering of the document.

Articles 231, 232, and 234 of the Criminal Act

Supreme Court Decision 70Do2231 decided Nov. 30, 1970 (Gong183Do22), 73Do138 decided Oct. 23, 1973 (Gong1973, 7571) 83Do1500 decided Oct. 25, 1983 (Gong1983, 1782)

A

A co-inspector;

Attorney B

Chuncheon District Court Decision 92No65 delivered on April 30, 1992

The appeal is dismissed.

We examine the grounds of appeal.

If the title holder of a private document has already died, the preparation date of the document does not constitute the crime of forging or uttering private document unless he/she becomes the date of the survival of the title holder, and this is also the same as the crime of forging or uttering of a private document. In the same regard, the court below is justified in holding the defendant not guilty of the crime of forging or uttering of a private document, among the facts charged in this case, and there is no error in the misapprehension of legal principles as to the crime of forging or uttering of a private document, such as a theory of lawsuit. The argument is without merit.

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