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대구지방법원 2015.11.25 2015고정2083

공문서부정행사

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On May 15, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Daegu District Court on the same year.

8.21 The judgment became final and conclusive.

【Criminal Facts】

On March 28, 2015, at around 14:15, the Defendant was required to present an identification card from a slopeF belonging to the E zone of the Gangnam Police Station E zone, which was called out after receiving a report from the Defendant, as the Defendant’s driver’s fluor and body fighting in C cafeteria located in Daegu Northern-gu B.

The defendant presented a first-class ordinary driver's license under the name of the defendant who was in possession of an official document in order to conceal the fact that he was designated and distributed as a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc., and illegally held the official document by presenting a first-class ordinary driver's license as the defendant's license.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A criminal investigation report on a case accused by assault, etc. (Unlawful uttering of official documents);

1. Copies of driver's licenses;

1. Previous convictions: References to criminal records, court rulings, and application of Acts and subordinate statutes concerning search of cases;

1. Relevant Article 230 of the Criminal Act concerning the facts constituting an offense and Article 230 of the Selection of Punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;