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(영문) 전주지방법원 군산지원 2019.07.17 2019고단492
공문서변조등
Text

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

1. Around June 2, 2018, the Defendant altered official documents: (a) the period of validity of the regular inspection of the E 25.6 tons dump trucks owned by the Defendant at D offices operated by the Defendant at the Gunsan City B and C expires on April 27, 2018; and (b) no regular inspection was conducted thereafter, the Defendant copied one original copy of the registration and inspection certificate of construction machinery of the said dump truck; (b) then, in the construction machinery inspection column of the copy of the copy of the registration and inspection certificate of construction machinery reproduced as above, “(regular inspection” means “(regular inspection)”; (c) the date of the inspection is “(d) April 28, 2018”; and (d) the inspection column “(d) the inspection agency’s name and seal “F”.

Accordingly, for the purpose of exercising authority, the Defendant modified one copy of the registration and inspection certificate of construction machinery in the name of the Gunsan City, which is an official document.

2. On June 2, 2018, the Defendant sent an altered official document to a person in charge of name-free (i.e., (ii)G who knows that the registration and inspection certificate of construction machinery was altered at the Defendant’s office stated in the preceding paragraph, using the Fax of the said office.

Accordingly, the defendant exercised the registration and inspection certificate of construction machinery in the name of the military court, which is an altered official document.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Accusation - Construction Machinery Registration Certificate, Investigation Report (Submission of Materials by Accusation) - Notification Request for Disposition of Audit Results and Notification to the Board of Audit and Inspection, and the application of the laws and regulations notified

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The types of recommendations according to the sentencing criteria.

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