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(영문) 대구지방법원 2017.09.07 2016고단4042

공문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2015, the Defendant entered “201704.15” in the column of the expiration date of the foreigner registration certificate issued by the head of the Daegu Immigration Control Office, which was holding with a black pentle, as the Defendant’s foreigner registration certificate had the maturity of the period of stay for the Defendant’s foreigner registration certificate or the extension of the period of stay for the purpose of exercising the certificate after forginging the foreigner registration certificate.

Accordingly, the defendant, for the purpose of exercising his official document, forged the defendant's foreigner registration certificate under the name of the Daegu immigration control office.

2. On August 16, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle of G A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

3. At the time indicated in the above paragraph 2, the Defendant: (a) was required to present an identification card by a police officer, who was assigned to the police officer of the police station of the Gyeongbuk-do Police Station, in the front of the F3-distance Intersection in Gyeonggi-do, at the time indicated in the above paragraph 2; (b) presented the forged alien registration certificate as if it was duly constituted as indicated in the above paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Information on foreigners' identity;

1. A protocol of seizure and a list of seizure;

1. The driver's license ledger;

1. Application of forged Acts and subordinate statutes on alien registration certificates;

1. Relevant Article 225 of the Criminal Act (the point of Article 25 of the Official Document), Articles 229 and 225 of the Criminal Act (the point of uttering of forged Official Document), Article 152 subparagraph 1 and Article 96 of the Road Traffic Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The period of stay expires on May 20, 2015 for the reason of sentencing under Article 48(1) of the Criminal Act.