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(영문) 대전지방법원 천안지원 2018.02.08 2017고단2318
공문서부정행사등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On July 15, 2016, the Defendant: (a) around July 15, 2016, acquired a copy of the driver’s license, which was lost by the victim E, who was placed behind the place, in the DPC room located in the Seo-gu apartment apartment shopping district in Gwangju-gu, Seo-gu; (b)

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On May 30, 2017, the Defendant violated the Road Traffic Act (non-licenseless Driving) driving a motor vehicle with approximately 21 km in sections 21 km in sections 61 km, as 16:00, around the same day through department store Gwangju-gu department store located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu Office

3. On May 30, 2017, the Defendant was found to have violated pedestrian protection while driving the said F-Adidi vehicle on the five-way way in the mountain dong-dong, Gwangju-dong, Gwangju, about May 30, 2017 and was required to submit a driver’s license from G in the circumstances where the Dong-dong Police Station belongs to the Dong-dong, Gwangju.

The defendant presented the E's driver's license under the name of the Commissioner General of the National Police Agency in South South Korea, which is an official document that he/she acquired and carried as stated in paragraph 1, as if he/she was the defendant's driver's license.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (E);

1. Inquiries into copies of receipts, such as penalties, and control data;

1. The driver's license ledger;

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

1. Relevant legal provisions of the Criminal Act and Article 360(1) of the Criminal Act concerning criminal facts, Article 152 subparag. 1 and 43 of the Road Traffic Act, Article 230 of the Criminal Act, and the choice of imprisonment, respectively;

1. The Defendant on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, which aggravated concurrent crimes.

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