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(영문) 수원지방법원 2016.11.24 2016고단5365
공문서변조등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 2016, the Defendant: (a) deleted “C” as indicated in the vehicle number column of the disabled vehicle sign issued by the new head of Dong with a view to exercising the official document in the Defendant’s residence in Pyeongtaek-si B; and (b) entered “D” on the job using a flexible pen.

As a result, the defendant altered one of the disabled car signs in the name of the new head of Dong 1, which is an official document.

2. Around 15:00 on July 17, 2016, the Defendant: (a) parked the Defendant’s automobile in the parking zone for persons with disabilities in the 199 Samsung Croland, the Defendant kept the altered disabled parking sign on the front glass of the said vehicle and exercised it, as if it was actually issued, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A photograph, chassis, certificate of a disabled person, or a copy of a parking sign for disabled persons;

1. Application of Acts and subordinate statutes to investigation reports (Procedures for issuing parking signs for disabled persons);

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act, such as forgery, alteration, etc. of official documents, etc., shall not be treated as a majority crime in the event that a person who alters an official document that has no basic area (8 to 2 months) (8 to 2 years) uses the altered document in question, and shall be treated as only a person who has committed an act of exercising the altered document as the sentencing factor (decision of sentence] In this case, the defendant uses the altered one of the disabled car sign signs, which is an official document, in light of the method and contents of the crime. However, the crime is not good in light of the method and contents of the crime. However, considering the fact that the defendant is against the mistake, the defendant is the primary offender, the following factors are considered.

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