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(영문) 부산지방법원 서부지원 2018.10.05 2018고단1120
공문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is an occupant of Busan Northern-gu C apartment.

On February 2, 2018, the Defendant had a mind to forge a certificate of graduation of D High School in order to submit academic records and data during the course of gathering the above apartment representative election.

1. On March 2018, the Defendant forged official documents, using a computer in the form of a certificate of graduation from D High School, which is a public school prepared in advance at the Defendant’s workplace located in Gangseo-gu Busan, Busan, the Defendant: (a) stated “A”, “F” in the resident registration number column, and “F” in the Jeju Island, and affixed the official seal in the name of the principal of the school manufactured using the computer support program.

Accordingly, for the purpose of exercising, the defendant has forged a copy of a graduation certificate against the defendant under the name of the principal of the D High School.

2. On March 20, 2018, the Defendant: (a) submitted to the Busan Northern-gu Committee for the Management of Apartment Housing (hereinafter referred to as the “Committee”); (b) a false official document certificate was issued as if it were actually issued.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A copy of a forged graduate certificate or a reply requesting cooperation in investigation (the head of a school of a D high school);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 225 and 229 of the Criminal Act concerning the 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 (including favorable circumstances, etc. among the following grounds for sentencing) of the suspended sentence;

1. Where social risks have not been realized because the ultimate purpose of crimes was not achieved due to the forgery, alteration, etc. of the type 1 (non-business, non-organization) (4 to 1 year) in the mitigation area (special mitigation person) (4 months to 1 year) in the sentencing criteria) (including special mitigation person) in the sentencing area, such as forgery, alteration, etc. of official documents, etc.;

2. The defendant's decision to punish the defendant has a depth of misunderstanding, the circumstances leading to the crime of this case, the means and results of the crime of this case, and the circumstances after the crime.

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