Whether a deed signed by a notary public constitutes the original copy of a notarial deed under Article 228(1) of the Criminal Act (negative)

Since a notarial deed referred to in Article 228 of the Criminal Act refers to a notarial deed concerning rights and duties, a deed signed by a notary public shall not be the original copy of a notarial deed referred to in the above Act.

§ 228 of the Criminal Code, Article 57 of the Notary Public Act

Supreme Court Decision 69Do2238 delivered on January 29, 1971, 75Do331 delivered on September 9, 1975

Defendant

Prosecutor

Attorney Park Jong-ap

Daegu District Court Decision 83No1539 delivered on February 17, 1984

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

As stated in Article 228 of the Criminal Code, a notarial deed refers to a notarial deed concerning rights and duties, so the so-called deed signed by a notary public, such as this case, cannot be an original copy of a notarial deed under the above law (see, e.g., Supreme Court Decision 69Do238, Jan. 29, 197; 75Do331, Sept. 9, 1975).

In the same purport, the court below's measures which maintained the judgment of the court of first instance that acquitted the defendant is just, and there is no error of law in the misapprehension of legal principles as to notarial deeds such as theory of lawsuit. We cannot accept the argument.

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

Justices O Sung-sung(Presiding Justice)

The original judge of the Supreme Court can not affix a name or seal as an overseas business trip.Gang-young