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(영문) 창원지방법원 2019.07.19 2019고단1321

공문서위조등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In early 2018, the Defendant: (a) stated that “C” was written in the “C by adding the license plate of vehicles using persons with disabilities issued with disabilities to the front number B, which has already been invalidated, to the vehicle registration number column of vehicles using persons with disabilities, etc. issued, at a place not lower than a patrolman.

Accordingly, the defendant, who is an official document, has forged a sign of vehicle, etc. using disabled persons under the name of the head of the active Dong in Kimhae-si.

2. On early 2018, the Defendant: (a) kept and exercised a forged car sign on the Defendant’s CMW520d vehicle at the underground parking lot of the building E-dong, Kimhae-si, as described in paragraph (1), as if he were issued a genuinely.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Application of statutes governing field photographs and marks of forged vehicles for disabled persons;

1. Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines (the scope of recommendations) shall be limited to the basic area (eight months to two years) of the type 1, including forgery, alteration, etc. of official documents, etc.;

2. Each of the crimes of this case in which official documents are forged and used without permission for the convenience of the determination and parking of sentence, shall not be less than the nature of such crimes;

However, considering the favorable circumstances, such as the fact that the defendant is the primary offender, the fact that the defendant raises the child of class 2 of disability, and the fact that the error is against the depth, and other factors of sentencing indicated in the arguments and records of this case, a punishment lower than the lower limit of the sentencing guidelines, such as the order.