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(영문) 대구지방법원 2017.10.19 2017고단4338
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

1. On November 201, 2013, the Defendant forged official document: (a) borrowed the “parking parking zone parking zone parking zone parking zone parking zone parking zone parking zone parking zone parking zone parking zone parking zone” from D High School D High School E, which is a teacher of the same school, and copied it with a knife copy, and then deleted the “F”, which is the Defendant’s vehicle number number, on the same page, using a knife pen.

Accordingly, the defendant, for the purpose of uttering, forged one copy of a parking space sign that can be parked in a parking zone exclusively for the disabled, which is a public document.

2. On November 201, 2013, the Defendant: (a) carried out a forged parking zone sign at the H Hospital parking lot located in Busan Northern-gu, Busan; and (b) carried out it after the Defendant’s FM7 passenger seat glass, as if the sign was genuine, as set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Investigation report (the other party investigation that lends a parking certificate for persons with disabilities).

1. Submission of the results of verification on the request for cooperation with investigation;

1. Application of two Acts and subordinate statutes to two photographs; and

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

1. Where there are grounds for special consideration in relation to the participation in or motive for committing a crime in the mitigation area (4 months to one year) of Class 1 (non-business, non-organization), such as forgery, alteration, etc. of official documents, etc. according to the sentencing guidelines;

2. Circumstances unfavorable to the determination of sentence: the Defendant committed the instant crime, even though he/she was a teacher who requires higher morality;

In light of the method and circumstances of the instant crime, etc., the nature of the crime is favorable.

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