The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

In the case of a final plan among the crimes of misunderstanding facts and misunderstanding of legal principles, the Defendant affixes his seal after obtaining approval from the professors of the Department D at B University, a person who has the right to prepare the final plan, and thus, the Defendant cannot be held liable for the crime of forging a public document to the Defendant, separate from the fact that the Defendant may be punished as an indirect offender for the crime of forging a public document, with regard to the preparation of the final plan.

In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

The person who prepares a false official document shall be limited to a public official who has the authority to prepare the document on his/her duties and who assists in preparing the document shall not be the subject of the crime of preparation of a false official document.

However, in cases where a person who assists in the affairs of a public official who is authorized to prepare an official document has had a public official with the authority to prepare a false official document prepare a false official document by submitting a draft document containing false details to his/her superior official who is aware of the fact to approve it for the purpose of exercising the document by taking advantage of his/her position, the indirect crime of preparing a false

(See Supreme Court Decision 2009Do9963 Decided January 14, 2010, and Supreme Court Decision 201Do1415 Decided May 13, 201, etc.). According to the evidence duly adopted and examined by the lower court, the Defendant, while working as D in charge of studying at school expenses of college D students, forged the estimates and the translation thereof at his/her own discretion, and the Defendant created a final plan at the same place as attached documents, and affixed the seal of the responsible professor’s name in the relevant semester. The Defendant, who generally notified the responsible professor of the details of the dispatch of the student, is authorized to prepare public documents.