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(영문) 대구지방법원 2016.01.21 2015고단5580
사문서변조등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On October 10, 2015, the Defendant changed a private document to “No. 26, 2015,” and changed to “No. 26, 2015,” a letter of diagnosis for the use of the military document in the name of doctor D, which is a private document concerning the proof of fact, using the corrected tape, etc., at a c member of the Gyeongnam-si Hospital, issued by D, the head of the hospital at the Gyeongsan-si, Yangyang-si, Yangyang-si, the Defendant used the modified medical certificate by facsimile to the person in charge of enlistment in the regional military manpower office on the 14th of the same month.

2. On August 26, 2015, the Defendant in violation of the Military Service Act received a written enlistment notice under the name of the head of the Daegu-gu Regional Military Affairs Administration through H, which was received from the Defendant’s office of 109 Dong Dong 1402 and “to be enlisted in G located in Chuncheon-si, Gangwon-do, Gangwon-do, on October 13, 2015,” and did not enlist without justifiable grounds by no later than three days, even though the Defendant received the written enlistment notice under the name of the head of the regional military service office of Gyeong-gu and Gyeongbuk-do, the birth

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A name tag of the person evading the military service and a certificate of postal receipt;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 234 of the Criminal Act (the point of Article 234 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of exercising the aforementioned investigation document) concerning criminal facts, and Article 88 (1) 1 of the Military Service Act (the point of evading enlistment);

1. Crimes of forging a private document chosen to impose a punishment or forging a falsified document: The choice of each imprisonment with prison labor;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person who has no basic area (the minimum standard of processing multiple crimes with crimes for which six months to two years or no sentencing guidelines have been set are applied, and thus, the minimum standard of sentencing is not applied] [the decision of sentencing] of the basic area (the fact that a defendant exercises a diagnosis for military use and evades enlistment by altering a written diagnosis for military use and is not good.

However, the defendant's mistake is divided and reflected.

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