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(영문) 창원지방법원 밀양지원 2017.06.15 2016고정174

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal record] On December 3, 2015, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud, etc. at the Changwon District Court, and the judgment became final and conclusive on April 25, 2016.

[Criminal facts]

1. On January 4, 2016, the Defendant forged a private document: “F (F) G (F) G (C) with the request for return of D’s name on June 16, 2008, in the Defendant’s residence located in Gyeong-gun, Sin-gun, Sin-gun, Sin-gun.”

“” has forged a copy of a certificate of fact in the name of D by means of deleting the content.

2. The Defendant, at the time and time set forth in paragraph 1, exercised the aforementioned investigation document by delivering a forged fact-finding certificate along with the content certificate to D’s residence located at H in the Dong-dong-dong-dong-dong-dong-dong-si.

Summary of Evidence

1. Each statement of witness F, D, and E in the fourth public trial record;

1. A copy of the fact-finding certificate (No. 12 No. 12);

1. Complaint;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes on investigation reports;

1. Relevant legal provisions concerning criminal facts, Articles 231 of the Criminal Act of the choice of punishment (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the exercise of the above investigation document), and the choice of fines [the crime of forging private documents is established insofar as the Defendant’s deletion of the confirmation document does not affect the exercise of rights against the Defendant’s D, even if the part of the Defendant’s deletion of the confirmation document does not affect the Defendant’s exercise of rights, as otherwise alleged by the Defendant’s defense counsel, as long as the Defendant

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The cases where a judgment is concurrently rendered on the grounds of sentencing of Article 186(1) main sentence of the Criminal Procedure Act, and the case of equity and the defendant’s age, environment, motive, means and consequence of the crime;