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(영문) 서울북부지방법원 2018.09.20 2018고단2666
공문서변조등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 2017, the Defendant altered official documents, without authority, at the Defendant’s residence located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and without authority, deleted the second “9” among the “99” in the birth year, which is the front number of the Defendant’s resident registration certificate, and changed the resident registration certificate for the Defendant under the name of the head of Nowon-gu, Seoul Special Metropolitan City, the head of which is an official document by attaching the “7” on the same page.

2. On October 26, 2017, the Defendant: (a) purchased tobacco 1; and (b) presented the Defendant’s resident registration certificate, which was modified as provided in paragraph (1), to verify the age from E operating the said convenience store, and exercised the altered official document.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. Tobacco photographs;

1. CCTV images;

1. Seizure records;

1. Application of Acts and subordinate statutes on investigation reports (verification of official documents and confirmation on the date and place thereof);

1. Article 225 of the Criminal Act applicable to the facts constituting an offense (a point of altered official documents), Articles 229 and 225 of the Criminal Act (a point of uttering of modified official documents);

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. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution was that the investigation agency did not properly attend the investigation agency, and that the F’s sentence was altered on his/her resident registration certificate.

However, the defendant is opposed to the defendant's attempt to commit the crime of this case.

In other words, it is necessary to refrain from committing such crimes.

Only used to purchase tobacco by altering his/her identification card.

There is no other criminal record except for the one-time fine for violence.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.

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