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(영문) 수원지방법원 2016.10.27 2016고단5367
공문서변조등
Text

A defendant shall be punished by imprisonment for four 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. At around 11:30 on July 17, 2016, the Defendant altered official document: (a) deleted “D” as indicated in the “E” column for the vehicle sign number column issued by the branch head of the Dong for the purpose of exercising it in the parking zone for persons with disabilities in the 199 Samsung Cerland, the address population of the Sing-Eup, Mag-do; and (b) recorded “E” on the spot using a stample.

As a result, the defendant altered a disabled vehicle sign in the name of the head of Dong who is an official document.

2. The Defendant parked the Defendant’s Echip car at the time and place specified in paragraph 1, and carried out the altered parking sign at the front glass of the said car as if it was actually issued with the changed disabled parking sign as described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. 수사보고(장애인 주차�지 발급 절차)

1. A copy of parking signs for disabled persons;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 225 of the Criminal Act (a point of altered official documents), Articles 229 and 225 of the Criminal Act concerning 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where a person who alters an official document that has no basic area (8 to 2 months) (8 to 2 years) of category 1 (8 to 2 years) including official document, etc. uses the relevant altered document, he/she shall not be treated as a majority crime and only treat the crime as a sentencing factor for the relevant event as a sentencing factor;

2. The defendant who made a decision on the sentence of punishment changed a list of disabled vehicle signs, which are official documents, and held them on his/her own vehicle. In light of the contents, methods, etc. of the crime, the nature of the crime is poor.

However, the defendant's mistake is recognized and reflected, and the primary offender is considered, and all kinds of sentencing conditions that are shown in the records and arguments, such as the defendant's age, character, character, occupation and family relationship, shall be considered comprehensively.

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