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(영문) 대전지방법원 홍성지원 2021.02.02 2020고단1029

공문서변조등

Text

The punishment of the accused shall be four months by imprisonment.

except that the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2020, while the Defendant found and kept “D” signs of parking in a parking zone exclusive for disabled persons, which was located far away from the ground on the ground in Daejeon-gu, Daejeon-gun, on April 15, 2020, at around 15:00, the Defendant changed the “D” by putting the sign “D” on the vehicle number column of the above sign to be parked in the parking zone for disabled persons at the underground parking lot located in Gosung-gun, Sung-gun, Sung-gun, Sung-gun, Seoul, for the purpose of parking in the parking zone for disabled persons, and around that time the said altered sign was operated by himself.

DE250 was attached to Benz's free shop for passenger cars.

Accordingly, for the purpose of exercising, the defendant altered the parking sign of the parking zone exclusively for disabled persons, which is a public document under the name of the Ministry of Health and Welfare, and exercised it.

Summary of Evidence

1. Application of Acts and subordinate statutes to one copy of the Defendant’s legal statement internal report (fixtures and CDs by capturing the CCTV image data) on the spot and the altered disabled parking-mark photographs;

1. Article 225 of the Criminal Act applicable to the facts constituting an offense (a point of altered official documents), Articles 229 and 225 of the Criminal Act (a point of uttering of modified official documents);

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

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Change of Official Documents) [Determination of Type] Crimes: Forgery, Alteration, etc. of Official Documents, etc. [Type 1] Non-business and non-organizational (Scope of Recommendation and Recommendations] Basic Field (no person subject to special sentencing) (no person subject to special sentencing) and 8 months through 2 years;

(b) The second crime (the use of modified official document) (the type of a determination) committed on the 01th day of the official document: the forgery, alteration, etc. of the official document (type 1) [the category 1] non-business and non-organization (the scope of recommendations and recommendations] basic area (no person subject to special sentencing) (the scope of recommendations and recommendations) and eight months to two years;

(c) Scope of punishment recommended according to the standards for handling multiple crimes: 8 months to 3 years (the maximum of crimes No. 1).

2. The fact that the circumstances and purposes of the determination of sentence and the actual use of parking areas for persons with disabilities appear; and