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(영문) 서울동부지방법원 2016.01.28 2015고단3839
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant forged official document: (a) the car number (C) indicated on the sign, such as a disabled car issued by the head of Songpa-gu Seoul Metropolitan Government to B who is the father of the Defendant changed to the number of the Defendant’s driver’s car; and (b) the Defendant thought that he was using a parking zone for the disabled only when using it.

On September 21, 2015, at the defendant's house located in Gwangjin-gu Seoul Special Metropolitan City E and 1004 around September 21, 2015, the defendant removed the film of the sign, such as the above disabled car, and marked "D" with a private pension, which erases the car numbers recorded, and erases them on the site.

Accordingly, the defendant, for the purpose of uttering, forged a sign, such as a car using disabled persons under the name of the head of Songpa-dong, Songpa-gu, a public document.

2. Around 15:00 on November 14, 2015, the Defendant: (a) parked a sex motor vehicle listed in paragraph (1) at a astronomical public parking lot located in 1015 (Ocheon-dong), as Seoul Gangdong-gu, Seoul, in an exclusive parking zone for disabled persons; (b) kept the sex motor vehicle on the front door of the said motor vehicle on the front glass, as if it was issued with a mark on the forged public document, such as a disabled-using motor vehicle, which is a true official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a copy of a sign of disabled motor vehicle for guardians, such as a letter of detection of a disabled motor vehicle sign, a vehicle photograph, etc.;

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 stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Articles 48(1)2 and 48(3) of the Destruction Criminal Code [the scope of recommendations on the sentencing guidelines] The basic area of the first type (non-business and non-organization) such as forgery, alteration, etc. of official documents, etc. (8 months to 2 years): No person who is subject to special sentencing (decision of sentence].

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