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(영문) 대전지방법원 홍성지원 2017.11.08 2017고단592
공문서위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2017, the Defendant: (a) was urged by the Defendant to promptly request a construction report from the C Office located in the Seocho-si Office B, the Defendant: (b) was in the possession of the office to receive a construction report; and (c) was in the possession of the official document, the Defendant then then stored the official document under the name of the recipient of the said official document from “F” to “G”; and (d) revised the construction location from “H, I, and J” to “K”.

Accordingly, for the purpose of uttering, the defendant has forged a copy of the acceptance of a construction report under the name of the master market for public documents.

2. On April 17, 2017, the Defendant: (a) sent the forged official document to D by facsimile as if the completion of the written official report, which is a forged official document, was made by the Defendant at the above C Office; and (b) subsequently, sent it by facsimile as if the written official report was duly prepared.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of the Acts and subordinate statutes of the accusation, forged official documents, original documents, investigation reports (Evidence List No. 4), design service contract documents;

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);

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. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The fact that the crime of this case is committed, and there is no record of punishment more than the suspension of execution, and the defendant has caused the forgery and uttering of official documents in order to conceal the delayed date of construction as a civil engineering designer, and the criminal liability is not easy.

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