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(영문) 인천지방법원 2015.01.23 2014노4042 (1)

공문서위조

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the original court's imprisonment (six months of imprisonment) is too unreasonable;

(2) The defendant clearly withdraws his assertion of misunderstanding of facts and misapprehension of legal principles on the second trial date of the trial of the trial court (the defendant clearly withdraws his assertion of misunderstanding of facts and misapprehension of legal principles).

In the trial of the prosecutor, the applicable provisions of the facts charged in this case are "Articles 225 and 30 of the Criminal Act", and the facts charged are modified as stated in the revised facts charged below, and the subject of the trial was changed by this court's permission, so the judgment of the court below is no longer maintained.

The revised charge was requested to forge a resident registration certificate from D, and the defendant conspiredd with a forged business operator under his name to commit the following crimes.

On October 2012, the Defendant, at the multilateral bank located in Dongdaemun-gu Seoul Dongdaemun-gu, Seoul, the name “E”, resident registration number “F”, and address “Seoul-si, Gyeonggi-do, Nowon-do,” notified a forged business entity of the name “E” to be entered in the resident registration certificate received from the above D, and the Defendant, at the same time, found the pictures of “Seoul-si, Seocheon-si, Seocheon-si, Gyeonggi-do,” and forged B’s resident registration certificate for E with B’s photograph attached.

Accordingly, the defendant, in collusion with a false name-based forgery business operator, forged a resident registration certificate for E in the name of the Bupyeong-do Busan Metropolitan City, which is an official document without authority for the purpose of uttering.

3. Thus, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Punishment of the crime

The defendant requested the forgery of his resident registration certificate from D, and conspired with the forgery of his name in collusion, and committed the following crimes.

The defendant received from the above D around October 2012 from the mutual incompetence in Dongdaemun-gu Seoul, Dongdaemun-gu.