Where the chief of the reserve forces takes money from a person who has failed to participate in the training and keeps a false official document, whether the preparation of the false official document and the establishment of the same event are made in addition to the crime of illegal action after the acceptance of the bribe

Whether or not the preparation of false public documents in a mutually competitive relationship between the crime of illegal action after the acceptance of the bribe and the crime of the same uttering is in competition (negative)

A. If the president of the reserve forces received money from the reserve forces to which he belongs and the reserve forces did not participate in the training of the reserve forces, and if the reserve forces prepared and exercised a list of serious class members of the false contents as if they were present, the crimes of preparing false official documents and exercising the same are established separately in addition to the crimes of illegal disposition after the acceptance of the bribe, and the crimes of illegal disposition after the acceptance of the bribe and the crimes of

B. If the crime of preparing false public documents and the crime of holding the same events are in an ordinary competition relationship with each other after the acceptance of a bribe, the crime of preparing false public documents and the crime of holding the same events shall be sufficient if the punishment specified for the most severe crime is imposed after the acceptance of a bribe which are in an ordinary competition relationship, even though there are substantive concurrent crimes, and it shall not be more severe.

Articles 40, 37, 131(1), 227, and 229 of the Criminal Act

Defendant

Defendant

Attorney Shin Young-young

High Military Court Decision 83 High Military Air Port61 delivered on April 1, 1983

The judgment below is reversed, and the case is remanded to the Army, High School, and Military Court.

Defendant’s defense counsel’s grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below acknowledged that the defendant, who is a commander of the reserve forces, received 180,000 won from the non-indicted in return for allowing the non-indicted to not receive the reserve forces training for one year of 1982 as stated in its reasoning, and completed a false official document with the seal "to attend" on the serious class organization register in the defendant's name as if he participated in the reserve forces for one year of 1982 even though he did not attend the reserve forces training, and the public official kept it in an office among the reserve forces and exercised it, and that the public official received a bribe in relation to his duties and conducted an unlawful act. With regard to the illegal actions among the above acts, the court below applied Articles 131(1) and 129(1) of the Criminal Act, Article 227 and the former part of Article 229 of the Criminal Act to the preparation and event of false official document, and determined the punishment against the defendant during the severe punishment after the middle of the crime of bribery.

2. In the case of the crime of illegal action after the acceptance of a bribe under Article 131 (1) of the Criminal Act, in a case where the fraudulent act committed by a public official after the acceptance of a bribe satisfies the requirements of separate crimes, such as preparation of a false public document and the crime of uttering of the same, in addition to the crime of illegal action after the acceptance of a bribe, the crime of preparation of a false public document and the crime of illegal action after the acceptance of a bribe are established, in addition to the crime of illegal action after the acceptance of a bribe, and the crime of false public document preparation and the crime of uttering of the same crime and the crime of illegal action after the acceptance of a bribe are in an ordinary concurrent relation respectively. In a case where the crime of illegal action after the acceptance of a bribe are in an ordinary concurrent relation, the crime of preparation of a false public document and the crime of uttering of the same crime are satisfied, even though there is a substantive concurrent relation, and there is no need for

3. Nevertheless, the court below held that both the crime of illegal disposal and the preparation of false public documents after acceptance of the bribe, and the crime of false public documents are concurrent crimes. In this regard, the court below erred by misapprehending the legal principles as to the crime of illegal disposal after acceptance of the bribe, the crime of preparation of false public documents, and the number of crimes of uttering, which affected the conclusion of the judgment.

Therefore, the judgment of the court below is reversed, and the case is remanded to the High Military Court for further proceedings. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Lee Sung-soo (Presiding Justice)