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(영문) 의정부지방법원 2016.03.17 2015고단4644

공문서위조등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 15, 2015, the Defendant forged official document: (a) deleted the number of non-existing vehicles indicated in the vehicle number column of the disabled vehicle sign in the name of 1 Si/Guri-si, Siri-si, at the front of the Defendant’s residence located in Guri-si; and (b) recorded “C”, the Defendant’s vehicle number, using a flexible pen, on that page.

Accordingly, for the purpose of uttering, the Defendant forged a sign indicating the disabled car in the name of 1 unit of official document C in the name of 1 unit of vehicle.

2. On October 22, 2015, the Defendant used a parking zone for disabled persons around 14:30 on a forged official document. As such, the Defendant, like paragraph 1, carried out a forged car sign, which was held by the Defendant, subsequent to the third party driver’s seat of California passenger car owned by the Defendant, as if the sign was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic manual on vehicles with the sign of disabled persons;

1. Making teas;

1. Signs, photographs, etc. of disabled persons;

1. Protocols of seizure;

1. Application of the statutes on the list of seizure;

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);

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 stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 48(1)2 of the Criminal Act;

1. The scope of punishment: Imprisonment for not less than one month but not more than 15 years;

2. The person who has no special sentencing factors for the basic area (from August to two years), such as forgery, alteration, etc. of the scope of the recommended punishment on the sentencing guidelines, official documents, etc.

3. Determination of sentence: The defendant, for six months of imprisonment and one year of suspended execution, has parked his vehicle in a parking zone for the disabled, and then has forged the signboard of the disabled vehicle of this case, which is an official document, to enter the Saririth Superintendent, and has only the forged sign, and the nature of such crime is not good.

However, the defendant is in this case.