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(영문) 대법원 1960. 1. 30. 선고 4292형상817 판결
[사문서위조등][집8형,005]
Main Issues

(a) Originals of a notarial deed and Article 228(1) of the Criminal Act;

(b) Responsibility of a person who has an employee of a police station without awareness of criminal facts prepare a Do resident identification card under the name of the Do governor;

Summary of Judgment

A notarial deed is a notarial deed and a person who has committed an offense (preparation of a false public document) using another person without awareness of facts constituting an offense shall, as an indirect offender, bear the responsibility for the offense independently.

[Reference Provisions]

Articles 228(1) and 34(1) of the Criminal Act

upper and high-ranking persons

Prosecutor

Judgment of the lower court

The Gwangju metropolitan area, the second-class Gwangju metropolitan area, etc.

Reasons

In order to ensure the smooth execution of administrative affairs, the original book is a public book recording a domicile or residence other than the permanent domicile for the purpose of clarifying the whereabouts of the people, and Article 228 (1) of the Criminal Act is a so-called notarial deed original document. A person who has committed a crime using another person without awareness of criminal facts can not be prosecuted directly by law but directly as a principal offender. However, according to the original judgment of the Supreme Court on February 25, 1955 of the short-term 39 of 1953 (short-term 29, the Supreme Court Decision 1955), the court below held that one copy of the original report at the time of original book is not a public official who has submitted the original copy of the original copy of the original document to a person with no name of the staff member of the relevant government branch, and it is reasonable to have a public official with no knowledge of the original copy of the original document and to have a public official with no knowledge of the fact that the original document and the reason for new Do public official document should not be prepared in accordance with the records.

Justices Kim Jong-soo (Presiding Justice)

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