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(영문) 대구지방법원 서부지원 2019.08.14 2019고단470

공문서위조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant listened to the question that the operator of urban development delivery company and the operator of urban development delivery company can supply urban village to B, etc. in the case of disabled persons, and the welfare card for disabled persons with a view to forging the welfare card in the name of the defendant to deliver urban community by forging it in the name of the defendant.

1. On May 2018, the Defendant: (a) copied the welfare card for persons with disabilities of “C”, which is known to and located in ordinary areas; and (b) forged a welfare card for persons with disabilities of “C” in the name of the Port Market, which is an official document, with a photograph attached to the welfare card of the Defendant’s office located in the Seocho-gu, Seo-gu, Daegu Police Officer at the Defendant’s office located in the Seocho-gu, Daegu Police Officer; and (c) with a credit card which is not used after copying the knife by attaching the Defendant’s photograph to the credit card which is not used.

2. On May 2018, the Defendant: (a) presented a forged official document’s welfare card, as if he were issued genuinely, to the employees of the F Association in Daegu-gu, Daegu-gu, upon requesting the delivery of urban communities; and (b) presented the forged official document’s welfare card as if he were actually issued.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (related to suspicion of exercising forged identification cards);

1. Application of forged welfare card-related Acts and subordinate statutes;

1. Relevant Article 225 of the Criminal Act, the choice of punishment for the crime, Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, and the choice of imprisonment with labor;

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

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

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

(a) Class 1 crime (Determination of Pronouncement of Official Document) (Forgery of Official Document) / [Type 1] Non-Business and Non-Organizational (Special Convict) Reduction element: Where social risks have not been realized because the ultimate objective of the crime was not achieved (the scope of recommending area and recommendation range) mitigation area, imprisonment with prison labor.