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(영문) 광주지방법원 2017.05.18 2016고정1952

사문서위조등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

1. On October 23, 2015, the Defendant entered “E”, “F”, “G”, “G”, “G”, and “E” on the date of application, and signed on the name of the applicant column by printing out “E” in the “application form for change of the date of performing the draft physical service” in the “application form for change of the date of performing the draft physical service,” using the computer at the office D office in Gwangju Mine-gu, Gwangju, by means of the computer.

Accordingly, for the purpose of exercising, the Defendant forged an application form to change the date of performing the draft physical in the name of E, a private document related to rights and duties.

2. At the time and place specified in paragraph 1, the Defendant sent an application form for the change of the date of performing the draft physical, forged as described in paragraph 1, to the person in charge of the Gwangju Regional Military Manpower Administration who is aware of such fact by facsimile.

3. On March 4, 2016, the Defendant, using the computer at the same place, stated “E”, “F”, “I”, “I”, “Seoul Seo-gu,” “E”, “E,” and signed on the name side of the applicant, using the computer at the same place.

Accordingly, for the purpose of exercising, the Defendant forged an application form for the change of the date of performing the draft physical under the name of E, a private document on rights and duties.

4. The Defendant sent a forged application form for the change of the date of performing the draft physical, as described in paragraph 3 at the time and place of the entry in paragraph 3, to the person in charge of the Military Manpower Administration in Gwangju regional military service who is aware of the fact.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to change the date of performing a draft physical;

1. Article 231 of the Criminal Act and Articles 231 and 234 of the Criminal Act and the selection of fines concerning the crime;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.