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(영문) 울산지방법원 2020.05.13 2020고단38
공문서변조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 2016, the Defendant altered an official document, which is an official document in the name of the Commissioner of the Korean Intellectual Property Office (patent number C), which is an invention of “B” by using a computer at an irregular place, stored the original copy of the patent certificate, which is an official document in the name of the Commissioner of the Korean Intellectual Property Office, and then deleted the “ARD” in the patentee column of the said file using the picture board program, entered the “E” in the form, and printed it.

Accordingly, the defendant modified a patent certificate in the name of the Korean Intellectual Property Office, which is an official document, for the purpose of uttering.

2. On October 31, 2016, the suspect holding an altered official document presented a final report on the business to the Korea Industrial Complex Corporation after performing a research and development task related to the “F” project supported by the Korea Industrial Complex Corporation affiliated with the Ministry of Industry and Energy, and subsequently presented the altered patent certificate to the officials in charge who knew that the altered patent certificate was actually issued as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to internal investigation reports (in addition to attachment of altered patent certificates and assignments No. 8);

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

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

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Alteration of Official Documents) (Determination of Penalty ] Forgery, Alteration, etc. of Official Documents (Type 1) (No person who is a special person), a non-business or non-organizational (special person) (Scope of Recommendation and Recommendation Scope) basic area, imprisonment for 8 months to 2 years;

B. The second crime (determination of type) is committed on the basis of forgery, alteration, etc. of official documents [Type 1] There is no non-business or non-organization (special person) [the scope of recommending area and recommendation range] basic area (the scope of recommendation range and recommendation range], and eight months to two years.

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