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(영문) 서울중앙지방법원 2017.03.31 2016고단7808

공문서위조등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The owner of a business place harmful to juveniles in violation of the Juvenile Protection Act shall not employ juveniles;

Nevertheless, on May 8, 2016, the Defendant employed juvenile He (the age of 18 at that time) as a part-time student at the main point of “G”, which is a juvenile harmful business establishment located on the first floor of the F Building located in the Dong-gu Seoul Special Metropolitan City, U.S. F., Seoul Special Metropolitan City on May 8, 2016.

2. On May 23, 2016, the Defendant forged official document: (a) around 04:00, at the residential area of Dongjak-gu Seoul Metropolitan Government I Apartment Houses and 106 Dong 102, the Defendant used a copy of the above H’s resident registration certificate to use the copy of the copy of the reproduction; (b) made a copy of the resident registration certificate stating the resident registration number indicating “N” by placing the “L” in the part of “K” in the resident registration number “J” and attaching it again.

Accordingly, the defendant forged the official document for the purpose of exercising it.

3. On June 20, 2016, the Defendant presented a copy of his/her resident registration certificate, as set forth in paragraph 2, to the investigator P in charge of the investigation in the process of being investigated into a violation of the Juvenile Protection Act, such as paragraph 1, at the office of the office of the Japan Police Station located in the Dong-gu Busan-gu, Gyeonggi-gu, Seoul-do, and to the investigative officer P in charge of the investigation.

Accordingly, the defendant exercised forged official documents.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness H and Q respective legal statements;

1. Some statements made to the defendant or H in each police interrogation protocol;

1. Partial statements made by the police in Q Q Q;

1. Application of the statutes governing the forged resident registration certificates;

1. Relevant Article 229 of the Criminal Act and Articles 225, 225 of the Criminal Act (a point of uttering of forged official documents), Article 225 (a point of uttering of falsified official documents), Article 58 subparagraph 4 of the Juvenile Protection Act, and Article 29 (1) (a point of employing juveniles and choice of imprisonment with labor) of the same Act concerning facts constituting an offense;

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

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

1. The sentencing criteria (the recommended punishment);