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(영문) 의정부지방법원 고양지원 2013.11.08 2013고단1671
공문서위조등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 1, 201, the Defendant: (a) on April 1, 201, at the Jeonnam Police Station, he was aware of the false entry in public electronic records, etc.; (b) was aware of the forgery of public documents; and (c) was aware of the forgery of a name and defective person who is engaged in business of forging his identification card in China, and C’s driver’

On April 201, the Defendant sent a copy of the above C driver’s license to the person who was in the name of China, by facsimile, and the person who was in the name of the Defendant was forged by using it to attach the Defendant’s photograph to C driver’s license.

In this respect, the defendant and the person in poor name had forged one driver's license under the name of the commissioner of the Gyeonggi Police Agency who is an official document for the purpose of exercising.

2. On July 10, 2013, the Defendant: (a) reported that he/she was a designated recipient on E-real estate located in D at the time of Pakistan; and (b) presented a false official document and exercised the driver’s license as if he/she were issued a genuinely, to the person who was requested by the relevant slope G to present his/her identification card; and (c) the Defendant presented the forged official document’s driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Police seizure records;

1. Application of the Acts and subordinate statutes on drivers' licenses

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. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. In light of the reason for sentencing under Article 48(1)1 of the Criminal Act, when considering the fact that the defendant was sentenced to three times a fine due to the crime of false entry in public electromagnetic records, etc., and two times a prison term, the defendant should be sentenced to strict punishment. However, the defendant's mistake is contrary to the motive, means and result of the crime in this case, circumstances after the crime in this case, age, character and conduct, family environment, etc.

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