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(영문) 대법원 1961. 11. 23. 선고 4294형상448 판결
[사문서위조,동행사사기][집9형,186]
Main Issues

The cases where a closed member recognizes and seals the contents of the final resolution of the relatives' association, and the charges of aiding documents by the author of the resolution.

Summary of Judgment

If a member is aware of and sealed on the contents of the resolution of the clan, it cannot be called a forged resolution even though it is not a resolution for the past.

[Reference Provisions]

Article 231 of the Criminal Act

Appellant, Defendant

Defendant

Judgment of the lower court

Support for the Suwon in the first instance, and Seoul High Court in the second instance.

Reasons

According to the statement made by the police at the time of reaching the official decision of the court below, it is evident that the defendant prepared this decision with the consent of a residential-friendly member residing in the short term on January 3, 4293, and obtained the seal of other local residents-friendly members, or that the joint defendant 1 of the court below obtained the seal of other local residents-friendly members from 30 persons, among other local residents-friendly members living in the court below, they did not directly find the remaining 17 persons, but forged the seal and affixed the seal without using the relation where there was a shortage of the old in the middle, and then affixed the seal in the letter. Even if each family-friendly member, who was prepared a resolution of the court below, was aware of the forgery of the document and affixed the seal, it cannot be found that there was no error of finding the defendant as to forgery of the document without using the evidence of the court below, and even if there was no oral resolution in the past, it cannot be found that there was no error in the finding of forgery of the document and the seal of the court below.

Justices Doh-don (Presiding Justice)

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