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All the appeals by the prosecutor are dismissed.
Reasons
The summary of the grounds for appeal (Definite or misunderstanding of legal principles) was issued by the Defendants against foreigners, including Chinese nationals who wish to drive in the Republic of Korea, etc., but the U.S. International Driver’s License was issued only to organizations, such as the U.S. Bar Association (AAA), which are duly authorized by the U.S. authorities, etc., of the U.S. A. S. Bar Association (hereinafter referred to as the “U.S. Automobile Association”).
As stated in the facts charged in this case, the Defendants could have forged an international driver’s license (hereinafter “instant international driver’s license”) under the name of the U.S. Automobile Association. However, the lower court acquitted the Defendants of the facts charged in this case by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment
Judgment
In the criminal law related to the determination of the primary facts charged, the title holder should be specified as a person who expresses his/her intent to be evidence of important matters in legal or social life. Such title holder is not limited to natural persons, but can be a title holder of a document if he/she acts with independent status in social life, such as an unincorporated organization, company, public office, etc.
In order to specify the title holder of a document, it shall be based on the factors that can be determined by the document itself, such as the type, form, content, and penology, but it may be determined by comprehensively considering the incidental factors closely accompanying the document.
Whether the authenticity of a document is the person who prepares the document shall not be determined solely by the title or title of the document, and shall be determined by comprehensively taking into account all the circumstances, such as the document type, content, and function of the document in general transactions, as well as the form and appearance of the document.
Supreme Court Decision 201Da1448 delivered on February 9, 1996