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(영문) 서울동부지방법원 2014.06.24 2014고단1353
사문서위조등
Text

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

Reasons

Punishment of the crime

On February 1, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for fabrication of private documents at the Suwon District Court on August 11, 2013, and the execution of the sentence was terminated in the original prison on August 11, 2013, and on April 23, 2014, the Defendant appealed two years of imprisonment with prison labor at the Seoul East District Court, and is still pending in the appellate trial.

1. On October 15, 2013, the Defendant forged private documents at the 4-dong community service center located in Seocho-gu Seoul, Seocho-gu, Seoul, 27-ro 13 (Banbing-dong). On the application form for re-issuance of resident registration certificates, the Defendant entered “C” in the name column, “D” in the resident registration number column, and “C” in the address column, the Defendant signed the document in the name following the entry “C” in the applicant column.

Accordingly, for the purpose of uttering, the Defendant forged a written application for re-issuance of a resident registration certificate in the name of C, a private document concerning rights and duties.

2. The Defendant, at the time and place specified in paragraph (1), exercised the forged resident registration certificate as if the application form for the re-issuance of the forged resident registration certificate was duly formed, to an employee who could not know the name of the above 4-dong community service center without knowing the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. C's certificate;

1. Copy of an application for reissuance of resident registration certificates;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning inquiry reports, written judgments, and current status of personal identification and confinement;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act does not long after the defendant was sentenced to and released from a prison for the same crime including the same crime, and thus, the defendant again commits the crime within the period of repeated crime. However, due to the case committed after the crime, the crime was committed.

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