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(영문) 수원지방법원 2018.11.29 2018고정1324
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 20, 2008, the Defendant maintained marital relations with C on November 20, 2008. On February 8, 2011, the Defendant was divorced by a ruling of recommending divorce settlement with the Suwon District Court, and was not married again with the female.

1. On August 19, 201, the Defendant forged a private document: (a) entered the content of the marriage report in the form of the written marriage report kept at the place in order to file a marriage report without any authority at the public service center of the Gu office of the Dong-gu, Suwon-gu, Suwon-si with the aim of exercising the right to file a marriage report without the registration of the Defendant; and (b) forged one copy of the marriage report in the name of the above C, which is a private document on proof of the fact that the Defendant and C have divorced, and affixed a seal affixed thereto.

2. The defendant who had been holding the above investigation document in advance at a certain time.

C A copy of the C resident registration certificate was attached, and it was presented to the official of the public service center of the above head of the Gu/Si/Gun office who is unaware of the circumstance

3. The Defendant reported false facts at the above date and at the above location, and had a public official in charge of family register enter as if the Defendant and C were married on the same day in family relation register, thereby having the Defendant enter false facts in the family register, which is the original copy of the process deed, and exercised it by having the Defendant keep the same at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes of the marriage report (16th of evidence record);

1. Relevant legal provisions concerning criminal facts, Article 231 of the Criminal Act that provides for the selection of punishment (the fact that Article 231 of the Private Document, the selection of fines), Articles 234, 231 of the Criminal Act (the fact that the exercise of the aforementioned investigation document, the selection of fines), Article 228(1) of the Criminal Act (the fact that false entry of the original copy of the process deed, the selection of fines), Articles 229 and 228(1) of the Criminal Act (the fact that the original copy of the process deed, the selection of fines, and the selection of fines);

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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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