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(영문) 서울중앙지방법원 2020.05.07 2020고단1303
공문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2014, the Defendant forged public document documents: (a) attached the Defendant’s name tag in the “E” column and the resident number column on the name column, which is the last letter in the Seocho-gu Seoul Metropolitan Government B apartment C; and (b) attached the Defendant’s resident number “G” to the “E” column and the resident number column in the name column.

Accordingly, the defendant, for the purpose of uttering, forged one copy of the nurse's license for the defendant in the name of the Minister of Health and Welfare.

2. Around May 2014, the Defendant submitted a forged nurse license to the J, the director of a postnatal care center, to employ a nurse at the “I Postnatal Care Center” office located in Seocho-gu Seoul Metropolitan Government H as a nurse and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against J;

1. A written accusation;

1. Application of the Acts and subordinate statutes of a forged nurse license certificate which a suspect A submitted to an I postnatal care center;

1. 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) The basic area of the first crime (determination of types) (Forgery of official documents) (Forgery of official documents).

(b) Crimes 2 (Determination of Pronouncement of Counterfeited Official Document) (Uttering of Counterfeited Official Document). There is no [Type 1] non-business or non-organizational (special person) [the scope of recommending area and recommendation range] basic area, imprisonment for up to 8 months to 2 years;

(c) Scope of recommendations according to the standards for handling multiple crimes: 8 to 3 years of imprisonment (the maximum limit of crimes No. 2).

2. Determination of sentence: Imprisonment with prison labor for not less than eight months and two years of suspended sentence;

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