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(영문) 전주지방법원 2016.04.29 2015고단2104

공문서부정행사

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 6,000,000.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

[2015 Highest 2104] Defendants were able to borrow a vehicle using another person’s driver’s license, and Defendant B purchased the F’s driver’s license from friendly E on Nov. 1, 2014 with 40,000 won.

On December 13, 2014, the Defendants came to the “Henek” located in Yenek G in YYYYYYYY, and Defendant B waiting outside the said siren shop, and Defendant A demanded the said siren employees to present a driver’s license for identification during the process of leasing the vehicle. As above, Defendant A presented the first-class ordinary driver’s license of F in the name of the Commissioner General of the National Police Agency for the North Korean region prior to the possession of the vehicle as if he was the Defendant’s driver’s license.

As a result, the Defendants conspired to use official document in a fraudulent manner.

[2016 Highest 342] Defendant B, at around April 28, 2015, committed an indecent act by force against the victim, on the part of Defendant B, on the part of Defendant B, who was waiting for her friend with the victim J (n, 19 years of age) at around 01:20 on April 28, 2015.

Summary of Evidence

[2015 Highest 2104]

1. The legal statement of Defendant B and the part of the legal statement to the effect that he exercised the official document as decided in collusion with Defendant A B

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the police with regard to F;

1. The document of F;

1. Investigation report (related to verification of Henecar-related persons) (2016 highest 342);

1. Defendant B’s legal statement

1. Each statement made to J;

1. Application of Acts and subordinate statutes to a copy of a statement of 112 reported case processing;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 230 and 30 of the Criminal Act (the occupation of an unlawful uttering of official documents, the choice of fines);

B. Defendant B: Articles 230 and 30 of the Criminal Act (the occupation of unlawful uttering of official documents, the choice of fines) and Article 298 of the Criminal Act (the occupation of forced indecent act, the choice of fines)

1. Defendant B who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the above two crimes)