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(영문) 서울중앙지방법원 2017.10.26 2017고단5511
사문서위조등
Text

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

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

Reasons

Punishment of the crime

The Defendant had been convicted of having been driving under drinking alcohol in the U.S., and in California, the Defendant thought that he had been issued a warrant for domestic violence (Assault, class 1 crime) and that he had been used with a passport issued in the name of C.

1. On March 4, 2015, the Defendant forged a private document: (a) stated “C”, “D”, “date of birth”, “D” in the column for the name (Nmeme) of the POST International NOTR (U.S. passport application form) at the POST FICE located in the POST 5762 LINCOL AVES and the CA90630-998; and (b) signed C in English at the end of the U.S. passport application form without C’s permission.

Accordingly, the Defendant forged a U.S. passport application in the name of C.

2. The Defendant exercised the said investigation document by submitting one copy of the U.S. passport application form in the name of the State of California (English) to an employee in charge of the Ministry of Foreign Affairs of California, which could not know the forgery at the above date and at the above location, as shown in the foregoing paragraph 1, as if it were duly formed, the Defendant exercised it through the said POST OFICE mail.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Cooperation in investigation and investigation of Korean suspects who have illegally issued the United States passport;

1. Application of Acts and subordinate statutes to applications for forged passports;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment was that the defendant, by forging or using another person’s application form for a U.S. passport, has actually been issued a passport. The nature of the crime of this case is not somewhat weak.

However, it is against the defendant's wrong recognition.

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