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(영문) 대법원 1970. 11. 30. 선고 70도2238 판결
[공문서위조][집18(3)형,124]
Main Issues

The purpose of the event in the crime of forging an official document is to be sufficient when the document is forged.

Summary of Judgment

The purpose of the event in the crime of forging an official document is to be sufficient when the document is forged.

[Reference Provisions]

Article 225 of the Criminal Act

Defendant-Appellant

Defendant 1 and one other

Judgment of the lower court

Seoul Criminal District Court Decision 70No560 delivered on October 6, 1970, Seoul Criminal District Court Decision 70No560 delivered on October 6, 1970

Text

All appeals are dismissed.

50 days of detention after the appeal of the defendant's Park Sheet shall be included in the original sentence of the defendant.

Reasons

The defendants' defense counsel's grounds of appeal are examined.

First point and the evidence cited by the original judgment in comparison with the records, it shall be sufficient to acknowledge the facts guilty against the defendants recognized by the court below, and the court below shall not be deemed to have committed an unlawful act against the rules of evidence by recognizing the facts charged in this case which lack of evidence, and there is no reason to hold that the court below erred in finding the facts of this case on the ground that the contract was concluded like the theory of lawsuit, the damage compensation was made to the victims, or the victim revoked the complaint, and therefore there is no error in the law of fact-finding of the court below.

No. 2 and the purpose of the uttering in the crime of forging a public document shall be sufficient when the document is forged, and it shall not be required at the time of its uttering, and therefore, even if the document was used at will, the court below did not err in finding Defendant 1 guilty of the crime of forging a public document, and according to the judgment of the court below, the court below did not find it erroneous in finding Defendant 1 guilty of the crime of forging a public document, and even if the event was voluntarily suspended, it did not voluntarily suspend the act of forging a public document, and therefore, it did not err in the judgment of the court below that did not reduce the punishment of forging a public document.

The court below did not err in the misapprehension of legal principles by misapprehending the legal principles, thereby failing to exhaust or reduce punishment.

Therefore, the appeal is dismissed by the assent of all participating judges. Under Article 57 of the Criminal Act, 50 days of detention after the appeal of the defendant Park Jong-il shall be included in the original sentence. It is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court

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