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(영문) 서울중앙지방법원 2016.04.06 2016고단623

사문서위조등

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

On February 3, 2005, the Defendant entered the status of industrial trainees on February 3, 2005 and is a four arms foreigner who has been illegally staying in Korea even after the period of sojourn expires.

1. The accused of the forgery of a private document was attached to the four arms passport issued by the Minister of Foreign Affairs for the purpose of utteringing to present his/her valid passport at the time of casino entry to the casino by an illegal staying person, at the beginning of January 2016, at the trade name in the name of Sejong-do, Chungcheongnam-do, Chungcheongnam-do, in order to present it at the time of casino entry.

C's photograph is removed in the knife and the defendant's photograph is attached to the knife and forged a copy of the passport, which is a private document under the name of the Minister of Foreign Affairs.

2. On February 5, 2016, the Defendant, at the entrance of the E hotelF casino located in Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City on February 5, 2016, presented a forged four-use passport to G, other than casino employees, to verify the status of foreigners entering the F casino, as if it were duly constituted, as in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Written confirmation (F casino E personnel);

1. Entry of seized foreign passports and application of their existing Acts and subordinate statutes;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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 grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] of Article 48(1)1 of the same Act, where a person who does not have any special sentencing seal] uses the relevant forged document in the basic area (6 months to 2 years) (including forgery, alteration, etc. of private documents) of category 1 (including fabrication, alteration, etc. of private documents) of the same Act, he/she shall not be treated as a majority crime, and shall be treated as a person who commits the relevant event only as a sentencing person.

[Determination of sentence] The records of this case, such as the following circumstances and the defendant's age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime.