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(영문) 서울남부지방법원 2018.02.07 2017고단5252

공문서부정행사등

Text

A defendant shall be punished by imprisonment for six 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

1. On September 24, 2017, around 15:20 on September 24, 2017, the Defendant’s unlawful uttering of official documents: (a) at the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government C 611, the Defendant: (b) asked the Defendant to verify his/her identity; (c) when the Defendant resisted his/her clothes, pictures, etc. that occurred in the course of harming the Defendant’s c.m. to the outside of the preceding case; and (d) when the Defendant demanded the confirmation of his/her identity

2. On September 24, 2017, at around 17:00, the Defendant: (a) voluntarily stated that the voluntary accompanying consent was “H” in his/her own column for the purpose of hiding his/her identity in G District located in Gangseo-gu Seoul Metropolitan Government G District; (b) posted the said voluntary accompanying consent to police officers; and (c) posted the said voluntary accompanying consent to police officers.

Accordingly, the defendant forged another person's signature for the purpose of exercising the right, and exercised the forged other person's signature.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary consent to accompany;

1. Application of the E passport, photograph and photographic Acts and subordinate statutes;

1. Article 230 of the Criminal Act applicable to the facts constituting an offense, the choice of punishment (the occupation of an unlawful uttering of official document, the choice of imprisonment), Article 239 (1) of the Criminal Act (the occupation of a signature) and Article 239 (2) and Article 239 (1) of the Criminal Act (the occupation of exercising a signature of the above investigation);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Illegal uttering of official documents (a) including official documents (a type of determination) and public documents (a) are not subject to special sentencing [the territory of recommendation and the scope of punishment]; a basic area of imprisonment with labor for April to October;

(b) Crimes of forging a signature or signing a signature of a company: the sentencing criteria are not applied;

(c) Scope of recommending punishment: April to three years (the lowest limit of the recommended punishment shall apply only to concurrent crimes with crimes to which the sentencing criteria are not applicable).

3. There is no reason for the suspension of execution [main reasons for consideration] (general reasons for consideration] positive: