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(영문) 창원지방법원 2020.01.22 2019고정612

사문서위조등

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant, while being in custody of B’s seal who is the complainant, was in the custody of the complainant, sentenced C and D to move-in report to E’s household, who is the father of the Defendant, in order to take precedence over the divorce lawsuit.

1. Around July 22, 2019, the Defendant forged a private document, stating “B” as the name of the complainant, and affixed the seal of the complainant who was kept in custody next to the name of the Defendant, on the report on transfer kept at the Jinhae-si, Jin-si, and on transfer kept at the G community service center, using the official approval color pen, and prior to the former householder’s confirmation.

Accordingly, for the purpose of exercising, the Defendant forged a move-in report in the name of the complainant who is a private document on rights and obligations.

2. The Defendant, at the same time and at the same place, delivered a falsified move-in report to a public official at the Seocho-gu G community Center who is aware of the forgery, as if it were a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to move-in reports and family certificates;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of a fine for a crime, the choice of a punishment, and the choice of a fine for a crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. After the summary order on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the defendant agreed upon only with the complainants. Considering the favorable circumstances that the complainants do not want the punishment against the defendant, the defendant's age, family relation, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed, the punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing as expressed in the trial process of the case.