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(영문) 수원지방법원 안산지원 2016.12.08 2016고정1458

사문서위조등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 31, 2016, when the Defendant’s husband B died while being hospitalized in a hospital with incomprehion, the Defendant forged a power to issue a certificate of personal seal impression under the above B to obtain medical records of the above B, etc. In order to obtain the above B’s medical records. On August 1, 2016, after the death of the above B, the Defendant forged a certificate of personal seal impression issued to B. On the letter of proxy for the issuance of the certificate of personal seal impression, the Defendant affixed B’s seal in the letter of proxy for the certificate of personal seal impression issued which was kept at the 25th place in the Gyeonggi-do community service center with the name of the delegating, “B”, “C” in the letter of proxy for the certificate of personal seal impression issued, “B” in the resident registration number column, “D” in the letter of proxy for the issuance, “4” in the letter of proxy for the certificate of personal seal impression affixed to B’s name

For the purpose of exercising, the Defendant forged a letter of delegation to issue a certificate of personal seal impression in B, a private document related to the management obligation.

2. The Defendant at the above date, time, and at the above place, submitted a letter of delegation to issue a certificate of personal seal impression under B, which was forged as above, to the employee of the above community service center in the name of the person who was unaware of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written statement;

1. Proxy to issue a certificate of seal imprint;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines for each crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime during the period of the suspension of the execution of the same kind of crime, was placed under a summary order.

Nevertheless, the Defendant asserts that the amount of fine is high.

It has not yet been well aware of his mistake.