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(영문) 수원지방법원 안양지원 2018.03.30 2018고정27
공문서부정행사등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On February 10, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Protection of Juveniles from Sexual Abuse, etc. on August 11, 2017, and the above judgment became final and conclusive on August 11, 2017. On September 21, 2017, the Seoul Southern District Court sentenced the Defendant to six months of imprisonment with prison labor for an injury and became final and conclusive on November 10, 2017.

[Criminal facts]

1. On October 21, 2013, the Defendant 21:00 on October 21, 2013, borrowed sirens from D’s sirens located in the Gu-dong B during Ansan-si, and was aware of it in a normal sense.

E presented an official document by presenting the F's driver's license, which is an official document that he had obtained before, as it is the driver's license of the defendant.

2. On the same day as the above paragraph 1 above, while the Defendant borrowed a siren 5 car from the victim C as set forth in the above paragraph 1 for one day, he embezzled that the front part of the siren was damaged by the accident and embezzled by refusing to return the car.

3. On the same day as the above 1st day, Defendant 1 driven a car as set forth in the above 2nd paragraph at the Hanyang-gu, Manyang-gu, Annyang-si without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against C;

1. Investigation report ( telephone investigation: F);

1. The driver's license ledger;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, (A), and application of each statute;

1. Relevant Article 230 of the Criminal Act, the choice of punishment for the crime (the occupation of an unlawful uttering of official document), Article 355 of the Criminal Act (the occupation of embezzlement), Article 152 subparagraph 1, Article 43 of the Road Traffic Act, and the selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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