beta
(영문) 인천지방법원 2016.07.07 2016고단2693

사인위조

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant (State) is a person who engages in cargo fixing work with timber processed by heat processing while operating (State)B.

The Defendant did not register an export and import heat treatment business and requested shippers to work with heat treatment marks to indicate heat treatment, despite the absence of the registration of a wood processing business, while carrying out a cargo fixed work. In order to solve the problem that there is any part of the remainder after using the heat treatment marks (KR-20126, HT) of the timber supplied by the general timber of the nature of the state, the Defendant forged the said disinfection treatment marks of the general timber of the nature of the state in order to use them.

On February 2, 2015, the Defendant, without authority, manufactured and forged (ju) 10cc wide of refined comprehensive timber and 3.5cc long of 3.5cc high-level rubber strawls's disinfection treatment marks, for the purpose of uttering, at the trade sections and commercial buildings located in the Dong of the Nam-gu Incheon Metropolitan Government.

Accordingly, the Defendant forged the seal of others for the purpose of exercising it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Investigation reports (to hear statements on telephone conversations with competent authorities for agricultural, forestry, and livestock products);

1. Application of Acts and subordinate statutes to requests for investigation (including attached documents);

1. Article 239 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is the primary offender, and the defendant appears to have recognized and reflected his mistake, the seizure of the mark of the disinfection treatment of this case, and other conditions of all the sentencing as indicated in the record, including the defendant’s age, occupation, sex, environment, circumstances and motive leading to the instant crime, and circumstances before and after the instant crime, shall be determined by comprehensively taking into account the following factors.