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(영문) 인천지방법원 2012.11.28 2012고단10487
공문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 23, 2011, the Defendant was sentenced to eight months of imprisonment at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on October 21, 201.

1. On June 6, 2012, at around 20:00, the Defendant kept a limited radio operator qualification certificate under the name of the President of the Korea Radio Promotion Institute (hereinafter “Korea Radio Promotion Institute”) submitted by the company, D Co., Ltd., at around 1411, 404, and D Co., Ltd., at the same time, removed E’s photograph attached to the qualification certificate as his/her hand and attached the Defendant’s photograph.

Accordingly, the Defendant forged national technical qualification certificates to E in the name of the President of the Korea Radio Institute, an official document, for the purpose of uttering.

2. On June 13, 2012, at around 00:05, the Defendant presented the forged public document certificate to G, who was issued a genuine national technical qualification certificate, to G, who was a police officer belonging to the Seosan Police Station, received a non-examination from G, and knew of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. G self-statements;

1. Records of seizure and the list of seizure;

1. Copies of the national technical qualification certificates;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Since the Defendant committed the instant crime during the period of repeated crime under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, the Defendant may not be subject to any corresponding punishment against the Defendant.

However, it is judged as per the disposition by taking into account all the circumstances, such as the fact that the defendant acknowledges and reflects the crime, equity in the case of being tried at the same time with the trial pending in the appellate trial, the age, character and conduct, family relationship,

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