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(영문) 대구지방법원 김천지원 2017.04.28 2017고단123
공문서위조등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around August 21, 2007, the Defendant was married with C on and around August 21, 2007, while proceeding a divorce lawsuit with D and his family members who came to know through the Lone Star Program around September 2014, and upon the said D’s parents’ request for the exchange of a marriage relation certificate, the Defendant was willing to forge the marriage relation certificate and deliver it to D and their family members.

1. On March 11, 2016, the Defendant forged public documents issued a marriage relation certificate to the Defendant under the name of the head of the wife population at the time of permitting the certificate to the Defendant by the F Residents' Self-Governing Center located in the wife population E, and at the same time, at the Defendant’s dwelling located in the wife G G G 30 △△△ in the city of the same day, the Defendant deleted the marriage records with C as indicated in the column for “Marriage” and “the details of the marriage” column and recorded.

“A marriage-related certificate under the name of the head of the wife population was forged in the manner of entering “A” and printing it in the PC room where the trade name is unknown.

2. Around March 13, 2016, the Defendant: (a) presented a forged marriage relation certificate, as described in paragraph (1), to D and his parents, at the parents’ residence of Gangdong-gu Seoul Metropolitan Government H and 20 △△△△△; and (b) exercised the forged public document by presenting it as if he were issued a genuinely.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A forged marriage-related certificate or marriage-related certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 225 of the Criminal Act in relation to the facts constituting an offense (the point of Article 25 of the Criminal Act) and Articles 229 and 225 of the Criminal Act (the point of uttering of forged official documents);

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. There is no basic area (from August to two years) of the sentencing criteria (a person who is subject to special sentencing) including the application of the sentencing criteria (the scope of the recommended punishment) and the forgery, alteration, etc. of official documents, etc.;

2. Determination of sentence:

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