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(영문) 서울남부지방법원 2020.11.19 2020고단4998

공문서위조등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, even though having not attended or graduated from a national university B, had forged a certificate of graduation and had not been submitted to the lower court in 2020, accompanied by an application for admission to a general graduate school of the electricity university.

On December 2019, the Defendant entered “a certificate of graduation”, “A: Date of birth: F, F, faculty (majors): H, and degree registration number: B, date of graduation: B, and date of graduation: H: 26, October 23, 199. The Defendant forged a copy of the certificate of graduation in the name of the president of the B University, a public document, by printing it in a flickter, using the screen board, which is a computer program, at the home of the Defendant, at the Seoul Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, and E., and by printing it in a flickter.

2. In February 2020, the Defendant submitted an application for admission to a general graduate school student at C University at the same place, and in 2020, the Defendant exercised the aforementioned application by submitting a letter of counterfeited graduation certificate to the staff in charge of academic affairs and operation of C University General Graduate School by mail, as if the application was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Application of Acts and subordinate statutes to enter graduate schools, counterfeited graduation certificates;

1. Relevant Article 225 of the Criminal Act concerning the facts constituting an offense (the point of undermining official documents at the time of sale), Articles 229 and 225 of the Criminal Act (the point of uttering of forged official documents at the time of sale);

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the following circumstances, are to be taken into account: (a) the Defendant’s age, character and conduct, intelligence and environment; (b) motive, means and consequence of the commission of the crime; and (c) the conditions for all the sentencing prescribed in Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be taken into

The unfavorable circumstances: the credibility is high.