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(영문) 수원지방법원 2016.04.28 2016고단302
위조공문서행사
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 8 shall be confiscated.

Reasons

Punishment of the crime

On August 7, 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny in Seoul Northern District Court, and completed the execution of the sentence on October 1, 2014.

1. On October 12, 2015, the Defendant: (a) sought on a mobile phone agency located on the wife C and the first floor, and applied for the opening of the pre-paid phone to E, an owner of the said agency; (b) exercised the driver’s license under the name of the head of Incheon Regional Police Agency, which is an official document with the Defendant’s photograph attached and name “F”, and the resident registration number arbitrarily indicated the forged public document, as if they were issued genuinely to E who was aware of the forgery.

2. On October 12, 2015, the Defendant: (a) found in G with the wife population G and H “H” mobile phone agent on the first floor; (b) applied for the opening of the pre-paid phone to I, an owner of the said agency; (c) exercised the driver’s license under the name of the Defendant’s photograph attached and name J; and (d) the driver’s license under the name of the Seoul Regional Police Agency, the official document whose resident registration number was arbitrarily stated, was issued to I, who was aware of the forgery.

3. On October 30, 2015, the Defendant: (a) found in the instant “H” mobile phone agent; and (b) applied to I for the pre-paid phone opening; (c) exercised the driver’s license under the name of the Defendant’s photograph attached and named “K”, and the resident registration number of the Seoul Regional Police Agency, which is a forged official document, as if he were issued genuinely to I, who is aware of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. Application forms for each mobile phone, copies of each driving license, and photographs of each driving license;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Reasons for sentencing under Articles 48(1)1 and 48(1)2 of the Criminal Act 1.

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