logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1979. 8. 28. 선고 79도1266 판결
[문서은닉][공1979.11.15.(620),12236]
Main Issues

The case holding that document concealment does not constitute document concealment;

Summary of Judgment

The so-called "document concealment" that the defendant presented a registration certificate under the name of the non-party in the name of the non-party in the forest that he/she is believed to own as a clan, and that the above clan became the plaintiff and submitted as a civil case for the registration of cancellation shall not constitute the so-called "document

[Reference Provisions]

Article 366 of the Criminal Act

Reference Cases

Supreme Court Decision 71Do1576 Delivered on November 23, 1971

Escopics

Defendant

upper and high-ranking persons

Prosecutor

original decision

Seoul Criminal Court Decision 78No8170 delivered on March 21, 1979

Text

The appeal is dismissed.

Reasons

The prosecutor's grounds of appeal are examined.

According to the reasoning of the judgment of the court below, the court below found that the defendant believed that the defendant is the possession of the right to register this case, the forest land and the non-indicted No. 1's title to this case, and held that the defendant is the ownership of the non-indicted No. 1's clan, and that he was submitted as evidence for the plaintiff's family in civil cases in the judgment that the non-indicted No. 1's clan became the plaintiff and seeks to cancel this registration, as stated in its reasoning, in order to return the right to the same clan and the forest land to the same clan as stated in its judgment, and that the defendant submitted as evidence of the non-indicted No. 1's family as the plaintiff's family in the judgment that the above defendant's so-called defendant does not constitute the crime of concealment of documents under Article 366 of the Criminal Act and there is no evidence that the defendant concealed documents, and therefore, the court below found the defendant guilty of the facts charged

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Il-young (Presiding Justice)

arrow