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(영문) 청주지방법원 제천지원 2018.11.29 2018고단336
공문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

When receiving wages from a person who works in the daily labor position, the Defendant had concerns over reducing the amount of disability allowances that he received. On May 2016, the Defendant attempted to forge C’s resident registration certificate that he acquired on the road and to put the completion into practice as C.

1. On May 2016, the Defendant forged official document: (a) attached his/her photographic photo to the photographic column of C’s resident registration certificate, which was previously found at a non-permanent point located in Pyeongtaek-gun, Gangwon-do; and (b) made a copy of a copy of his/her resident registration certificate C in the name of Pyeongtaek-gun, Gangwon-do.

Accordingly, the defendant forged a copy of a resident registration certificate which is an official document for the purpose of uttering.

2. On May 2016, the Defendant, at the construction site of E located in Kimcheon-si, Kimcheon-si, took action as if he were duly formed, and exercised forged official documents by presenting one copy of the resident registration certificates as if they were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes to copies of resident registration certificates;

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);

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. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution are recommended to be sentenced to the sentence of 8 to 2-year imprisonment on the grounds of sentencing. However, the fact that there is no criminal history of the same kind of crime, and the fact that there is no criminal history of the same kind of crime, etc., and other conditions of sentencing indicated in the records, including the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime are determined lower than the recommended sentence according to the sentencing criteria as indicated in the Disposition.

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