Whether forged documents may be confiscated in cases where they are kept in a public office.

Even if forged resident certificates, seal imprint register, and move-in reports are those provided in the criminal acts of the defendant, if they are kept in the Yongsan-gu Seoul Metropolitan Government office of the Yongsan-gu Seoul Metropolitan Government and the relevant public officials knew that they were forged at the time of keeping the said documents, they cannot be sentenced to confiscation.

Article 48 of the Criminal Act

Defendant 1 and one other

Prosecutor and Defendant 1

Seoul Criminal Court of the first instance (73 Gohap438)

The judgment of the court below is reversed.

Defendant 1 shall be punished by imprisonment with prison labor for two years and by imprisonment for one year.

One hundred and twenty days of detention days prior to the sentence of the lower judgment shall be included in the original sentence against Defendant 1.

The gist of the grounds for appeal by Defendant 1 is as follows: first, Defendant 1 did not have committed the principal offense; the court below found Defendant 1 guilty; second, there was an error of law by misunderstanding the facts affecting the judgment of the court below; second, the sentence imposed by the court below on the above defendant is too unreasonable; second, the prosecutor's grounds for appeal is that the judgment of the court below against the defendants is too unreasonable.

Therefore, the first ground for appeal by Defendant 1 is examined, and the various evidences duly adopted by the court below after examining the evidence is examined in light of the records, and the facts charged by Defendant 1 can be recognized. Thus, the grounds for appeal as to the mistake of facts cannot be accepted.

In addition, the court below ex officio examined the following facts: one copy (No. 1), one copy (No. 2), one copy (No. 2), and one copy (No. 3) of the forged move-in report which was confiscated from the Defendants; in the legal application column, the above forged documents are offered for each of the above crimes and are not allowed to own them; thus, they are confiscated pursuant to Article 48(1)1 of the Criminal Act. The subject of confiscation is not owned by a person other than the offender pursuant to Article 48(1) of the Criminal Act, or is an object acquired with the knowledge of the fact that a person other than the offender was committed after the crime. According to the records of the case (in particular, 134 and 135 of the investigation records), the above forged documents are kept in the Yongsan-gu Seoul Metropolitan Government Association, and they belong to a person other than the offender, and the public official concerned at the same time constitutes a violation of the law, and thus, the court below did not reverse the judgment of the court below as to the remainder of the defendant.

Therefore, the judgment of the court below is reversed ex officio in accordance with Article 364(2) and (6) of the Criminal Procedure Act, and the members are decided again.

(Criminal Facts and Summary of Evidence)

Article 369 of the Criminal Procedure Act provides that the gist of the facts constituting an offense by a member of a political party and the evidence thereof shall be as shown in the original judgment; therefore, all of them shall be quoted in accordance with the provisions of Article 369 of the same Act. Article 229, Article 225, and Article 30 of the Criminal Act provides that each of the so-called forged public document under Article 231, and Article 30 of the same Act provides that the use of each of the aforesaid private document under Articles 234, 231, and 30 of the same Act shall be included in the punishment of the aforesaid crimes under Article 228 (1), Article 30 of the same Act; Article 229, Article 228 (1), and Article 30 provides that the two-year imprisonment with prison labor shall be included in the punishment for each of the aforesaid crimes under Article 5 of the same Act; Article 30 provides that the act of using each of the aforesaid forged public document and each of the aforesaid crimes shall be punished within the scope of punishment for the aforesaid crimes under Article 1 of the Act.

For this reason, each decision is delivered with the assent of all Justices.

The final management of the judge's regular succession (Presiding Judge)