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(영문) 광주지방법원 2020.06.10 2020고단1014
공문서위조
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 2019, when the driver's license was revoked due to a drunk driving, the Defendant forged the driver's license under the name of the same student and requested a person with poor name to forge the driver's license and use it and to forge the driver's license.

On July 16, 2019, the Defendant: (a) requested and asked to create the same person’s driver’s license under the name B; and (b) stamped the photo of the Defendant’s driver’s license under the name B by telegram; and (c) stamped the Defendant’s counter-name photo; and (d) around that time, the name omitted is indicated as “C” in plastics, the size and shape of which are similar to those of the Republic of Korea’s driver’s license under the name of the Defendant’s license under the name B, in which the name omitted is similar to those of the Republic

A driver's license under the name of the Commissioner of the Jeonnam Police Agency was made arbitrarily in the manner of inserting photographs of the defendant and the defendant.

Accordingly, the defendant, in collusion with the above-mentioned person, forged one driver's license of the Republic of Korea, which is an official document without authority to exercise.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Articles 225 and 30 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is that the defendant's mistake is divided and reflects the ultimate purpose (use while driving) of the instant crime, and thus social risks are not realized. It is so decided as per Disposition by the court on the grounds that the defendant's age, character and behavior, environment, circumstances leading to the crime, means, and result, considering the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, etc.

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