Punishments for submitting to police officers a report on proper action of a host driver, or a report on actual statement of a host driver's identity in the driver's column;

[1] Articles 231 and 234 of the Criminal Act; Article 383 of the Criminal Procedure Act

Defendant

Defendant

Daejeon District Court Decision 2004No1377 Decided September 10, 2004

The appeal is dismissed.

According to the records, the defendant appealed the judgment of the court of first instance on the sole ground of unfair sentencing as the ground of appeal, and the appeal was dismissed. In such a case, the defendant cannot be deemed as the ground of appeal that there was an error of misapprehension of legal principles as to the judgment of the court of first instance (see Supreme Court Decision 2002Do7115, Feb. 11, 2003) and the evidence cited by the court of first instance in light of the records, the defendant's signature in the driver's column of the report of detection of the driver of this case and the circumstantial statement of the driver of second instance constitutes the crime of forging documents and uttering, and submission to police officers of this case with the same purport, the court below's decision maintaining the judgment of the court of first instance which convicted him of the facts charged of this case constitutes the crime of forging and uttering of private documents, and there is no error of law

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

Justices Lee Yong-woo (Presiding Justice)