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(영문) 서울남부지방법원 2016.11.25 2016고단4865

공문서위조등

Text

A defendant shall be punished by imprisonment for six months.

However, 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

On May 3, 2015, the Defendant issued KRW 1.6 million to Saridong-dong-gu, Yeongdeungpo-gu, Seoul, to Saridong-dong-si, and requested to forge a tourist employee qualification certificate. On March 2016, the Defendant issued a tourist employee qualification certificate forged by a non-facing method in the above large-dong-dong-dong-dong (hereinafter referred to as the above large-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si through the private village of the above B-Sa, and around May 30, 2016, the Defendant led Jeju-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to guide them, and presented it to Jeju Special Self-Governing Police Group C and D, which are under instruction of the Tourism Promotion Act.

For the purpose of exercising without authority, the Defendant forged the tourist employee qualification certificate issued in the name of the president of the Korea National Tourism Organization who is a public official through B and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. An explanatory note and on-site photograph;

1. Application of seizure records and list statutes;

1. Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

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

(a) Where social risks are not realized because the ultimate objective of the crime is not achieved, because the mitigated area (4-1 year) (4-1 year) of Class 1 (4-1) is mitigated, such as fabrication, alteration, etc. of official documents, etc.

B. In the event that social risks have not been realized because the ultimate objective of the crime was not achieved due to the forgery, alteration, etc. of public documents, etc. of Type 1 (non-business, non-organization) (4-1) (special mitigation) (4-1) (special mitigation), the scope of final sentence based on the aggravation of multiple crimes: