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(영문) 서울남부지방법원 2016.09.22 2016노126
공문서위조
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

(a) there is a lower court’s judgment recognizing the crime of forging official documents in the event of forging a person’s tourism certificate issued by the President of the Korea Tourism Corporation;

There is a Supreme Court precedent that recognizes that the identification certificate in the name of the president of the Korea Min Il Corporation is an official document.

The issue of whether a person can be deemed a public official or a public office shall be determined by comprehensively examining the nature of the affairs handled by the relevant agency, the scope of the authority, relevant statutes, etc. Therefore, it is reasonable to see that the qualification certificate of tourism workers under the name of the president of the Korea Tourism Corporation is a public document. Therefore, the judgment of the court below that recognized the qualification certificate as a private

B. Defendant A1) misunderstanding of the facts and misapprehension of the legal principles, Defendant A1’s qualification certificate for tourist employees written by the said Defendant through G is indicated as “the President of the Korea Mine Corporation” rather than “the President of the Korea Tourism Corporation” on the issuer’s part, and even if short, it is difficult to believe that the said certificate is a document written by the President of the Korea Tourism Corporation

Therefore, the court below erred in the misapprehension of legal principles on the fact that the defendant's certificate of tourist employee did not reach the degree of the above Article, thereby establishing a crime of forgery of documents.

2) The above Defendant, who had taken several examinations for tourism workers, did not go against all the Korean horses.

At that time, G's request for the forgery of the qualification certificate for tourism workers was made.

The defendant agrees that it is not right to work as an unqualified tourist employee, and is against it.

The defendant was under way to avoid crackdown for living, resulting in the crime stated in the facts charged.

A defendant has no previous offense except who has been sentenced by a fine by assault.

All family members of the defendant are in Korea, and the basis of the defendant's life is Korea.

When the judgment of the court below becomes final and conclusive, the defendant shall depart from China under compulsory eviction order.

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