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(영문) 제주지방법원 2017.09.27 2017고단1384
공문서위조등
Text

A defendant shall be punished by imprisonment for six 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

1. On December 15, 2016, the Defendant forged official document: (a) had access to the Defendant’s residence located in Western-si, and received an original form for verifying the occurrence of the incident under the name of the head of the police station in the Jeju Western-gu Police Station by using the Nowon-gu computer, and then entered “B” in the victim’s name column; (b) “C” in the victim’s resident registration number column; and (c) the receipt number column in the instant case into the victim’s name column; and (d) output it in the phrases near the Defendant’s residence.

Accordingly, the Defendant forged one copy of the official document under the name of the head of the Jeju Western Police Station, which is a public document.

2. On December 16, 2016, the Defendant had B submit one copy of the confirmation of the incident under the name of the head of the Seocho-gu Police Station in the name of the head of the Seo-gu Police Station in Jeju, which was forged as above, as if the said bank staff D were genuine documents.

Accordingly, the defendant exercised forged official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The source of verifying the occurrence of the relevant accident;

1. Application of Acts and subordinate statutes of D;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of recommendations based on sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of punishment [the scope of punishment under Article 62-2 of the Social Service Order Act (including forgery, alteration, etc. of official documents, etc.) shall be limited to category 1 (the non-business and non-organizationed type), mitigation area (4 months to 1 year), special mitigation person: the social risk has not been realized since the ultimate objective of the crime has not been achieved]; the crime is bad by having interview and interview with the applicable law and drawing up to B to commit the crime; however, the defendant has no record of punishment other than being punished once for the crime of this type.

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