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(영문) 서울남부지방법원 2017.01.18 2016고정2214

사문서위조등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who has and operates a bicycle with an engine displacement of 49CC motors.

1. On May 2, 2014, the Defendant violated the Guarantee of Automobile Compensation Act: (a) around 14:00, the Defendant operated a 500-meter motor bicycle from the road located in the Gwanak-gu, Seoul Special Metropolitan City, to the road located in the Dong-dong 1655-23, which is located in the same Gu-dong 165-23 street.

2. When the Defendant drafted a private document forgery and the foregoing investigation document is the same as the foregoing “1....”, the Defendant prepared a written statement of vehicle operation with D personal information known at the construction site by using a verification-type pen to the head of the Kucheon Police Station B, Geumcheon Police Station B, Seoul, and entered the name of D in the column, and used it under the name of D, which is a private document on the proof of the fact without authority, for the purpose of exercising the said name by printed on the name, and continuously forged the written statement of vehicle operation under the name of D, which is a private document on the proof of the fact without authority, and delivered it to the head of the above Gyeong who is not aware of the fact that the vehicle operation statement was completed as such was duly

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Some of the report on operating circumstances without a license;

1. Mandatory insurance certificate;

1. Application of Acts and subordinate statutes to a copy of a forged vehicle operation statement;

1. Article 46(2)2 and Article 8 of the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015); Article 231 of the Criminal Act (amended by Act No. 2310, Jan. 6, 2015); Article 234 of the Criminal Act (amended by Act No. 235), “Article 235” of the written indictment is a clerical error in the facts constituting an offense; Article 234 of the Criminal Act does not pose a substantial obstacle to the defendant’s exercise of his/her right to defense in light of the written indictment by the defendant. Accordingly, it shall be corrected ex officio.

§ 231. Selection of fines

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;