Supreme Court Decision 2021Do14514 Decided September 29, 2022 【Unlawful Uttering of Official Document】

【Main Issues and Holdings】
[1] Whether the scope of punishment should be restricted within reasonable limits by strictly interpreting the subject, object, and state of a criminal act to the fullest extent in applying a crime of unlawfully uttering an official document stipulated in Article 230 of the Criminal Act (affirmative)
Even where an official document, whose exclusive user and purpose are specified, is used by a person who is not authorized to use, if the official document is not used for its original purpose, whether such act may constitute a crime of unlawfully uttering an official document (negative)
[2] Where a person, who is not authorized to use a mark of cars used by persons with disabilities, is not reasonably expected to get support for motor vehicles used by persons with disabilities by parking a motor vehicle in parking spaces reserved for persons with disabilities, whether a crime of unlawfully uttering an official document may be constituted on the sole basis of the fact that the person simply has displayed the mark of cars used by persons with disabilities in the motor vehicle (negative)