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(영문) 대구지방법원 2017.11.30 2017고단5202
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

1. On July 2010, the Defendant forged a public document in which his father C’s name, Chinese name, resident registration number, etc., located in his family relation certificate at the home of the Defendant located in Suwon-gu, Busan, U.S. and affixed it on the resident registration certificate under the name of the Defendant, and copied it.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the resident registration certificate in C in the name of the Gyeong-do Port in the name of the Gyeong-do Port.

2. Exercising forged official documents;

A. On July 13, 2010, the Defendant submitted a forged resident registration certificate to the E agency located in Suwon-gu, Busan, as described in paragraph 1, to the employees of the E agency and exercised it as if they were duly constituted.

B. On September 8, 2010, the Defendant submitted a forged resident registration certificate to the G agency located in Suwon-gu, Busan, as described in paragraph 1, to the employee as if he were a document duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. To apply a copy of each resident registration certificate, each forged contract, and each forged resident registration certificate to Acts and subordinate statutes;

1. Article 225 of the Criminal Act applicable to the facts constituting an offense (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act (the point of uttering of forged official document);

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. Although the reason for sentencing under Article 62(1) of the Criminal Act is not good for the defendant to commit a crime by forging and using his resident registration certificate which is an official document, a punishment as ordered shall be determined by comprehensively taking into account the favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflected the mistake, the actual damage did not occur, and C does not want punishment, the fact that there was no record of punishment other than the one-time fine, and all other factors of sentencing, including the defendant's age, sex behavior, environment, motive or circumstance of the crime, and circumstances after the crime.

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