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(영문) 서울남부지방법원 2015.05.21 2015고단1016
공문서변조등
Text

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

[Criminal Power] On November 26, 2014, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for four months for alteration of official documents at the Seoul Southern District Court on April 201, and the said judgment became final and conclusive on December 4, 2014.

【Criminal Facts】

1. Around August 2014, the Defendant altered official document: (a) copied, without authority, at the Defendant’s home located in Yeongdeungpo-gu Seoul Metropolitan Government B Apartment 101 Dong 1103, the C Construction Machinery Registration Certificate and D Construction Machinery Registration Certificate respectively; and (b) forged the D Construction Machinery Registration Certificate and D Construction Machinery Registration Certificate in the copy of D Construction Machinery Registration Certificate: 36.5 tons: 36.5 tons; (c) the date of initial registration: E; 2003-04-23; and the former Registration Number: F; and (c) attached a paper stating “G” on the issuance number column; (d) attached a paper stating “G” on the issuance date; and (e) altered the D Construction Machinery Registration Certificate in the name of the head of Yeongdeungpo-gu Seoul Metropolitan Government Office, Yeongdeungpo-gu, Seoul Metropolitan Government.

2. Around August 2014, the Defendant used the modified official document by facsimileing the registration certificate under the name of the head of Yeongdeungpo-gu Seoul Metropolitan Government Office, which is an official document altered as shown in the preceding paragraph, to an office of "I company located in Gyeonggi-gun, Yeongdeungpo-gu, Seoul Metropolitan Government."

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The police statement of K;

1. To describe and present the parts consistent with the facts of alteration in the judgment among copies of construction machinery registration certificates;

1. Before judgment: References to criminal records, investigation reports (attached to a judgment), and application of the Acts and subordinate statutes of the case search;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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