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(영문) 광주지방법원 2016.09.21 2016고단3006

공문서변조등

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant thought that he arbitrarily uses parking lots for disabled persons by arbitrarily modifying the registration number parts of motor vehicle signs issued by the head of the State Veterans Office among the relics inherited by the death of the State, a person of distinguished service, from among those inherited by the death of the State.

Therefore, on June 3, 2016, the Defendant deleted the number previously recorded at the Defendant’s house No. 201, Dong 701, Dong 701, the Seoul Metropolitan City, Gwangju, by removing it from three tons, entered the vehicle number of the ES6 car operated by the Defendant, and put it to the front of the said car, and put it on the same month.

4. From 09:30 to 17:00, the said passenger car was parked at the parking lot of the disabled in the Grandland in the territory of the Republic of Korea.

As above, the Defendant modified without authority to use the sign of a national person with merit in the name of the head of the State Veterans Office, which is an official document, and exercised it as if it was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Cooperation and replies, and next inquiry;

1. Photographs on the day of crime;

1. Application of Acts and subordinate statutes to investigation reports ( investigation related to voluntary submission of official documents);

1. The indictment under Article 225 of the Criminal Act (a modification of official document) and Article 229 of the Criminal Act regarding criminal facts is written as “Article 230” but it appears to be erroneous in light of the name of the crime or the description of the facts charged;

§ 225. Points of uttering of modified official documents

1. Article 59(1) of the Criminal Act provides that a suspended sentence of imprisonment with prison labor for three months to be suspended under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (a defendant is led to confession and a second offender).

The defendant seems to have committed the crime of this case by using the signs of national merit in the death of the deceased.

On June 4, 2016, the circumstances in which the defendant used the altered official document are not visible.

The defendant has seriously reflected his crime and contributed 50,000 won to the disabled organizations.

(2).