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(영문) 인천지방법원 2012.11.01 2012고단10017

공문서위조등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 16, 2007, the Defendant was sentenced to three years and six months for violation of the Act on the Control of Narcotics, Etc. at Seoul High Court on November 16, 2007, and completed the execution of the sentence in the Daegu Prison on August 29, 2010.

1. On May 201, the Defendant conspiredd to forge a public document to forge a passport of the Republic of Korea with C and D at a place on which the passport was forged, which is the cause of the forgery of the passport.

On May 201, 201, the Defendant: (a) opened a passport of the Republic of Korea in the name of the Defendant-friendly custody D; (b) obtained a forged passport from the same person in the name of D by attaching the Defendant’s photograph to the personal information in the name of D at the same place after approximately two weeks from the public invitation; and (c) obtained a forged passport from the same person on May 1, 201.

Accordingly, the defendant conspireds with C to forge a Korean passport which is an official document.

2. 위조공문서행사 피고인은 2011. 6. 22.경 첵랍콕 섬에 있는 홍콩국제공항에서 성명불상의 입국심사직원에게 위 1항과 같이 위조한 공문서인 D 명의의 대한민국여권을 마치 진정하게 발급된 것처럼 제시하여 이를 행사하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Official notices in violation of the Passport Act, a false or forged passport report, a copy of a forged passport, D personal information and data on photographic data;

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports and personal identification records;

1. Articles 225 and 30 of the Criminal Act, and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the facts behind sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are the confessions and reflects against the Defendant, the Defendant committed the instant crime during the period of repeated crimes, and the Defendant committed the instant forgery passport in Hong Kong.