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A defendant shall be punished by imprisonment for not less than five 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
The Defendant had a passport of the Republic of Korea, 12OT 01 on the date of issuance, and 12OT 06 on the effective date, and had been staying in China on the expiration of the validity period, and had the status of an illegal alien, with the expiration of the validity period, sentenced the Defendant to lawfully maintain his/her status by altering the validity period of the passport.
On April 208, the Defendant changed the “12OT 01” on the date of issuance of the above passport to “12OT 03,” and the “12OT 06” on the effective date to “12OT 08, respectively, in a way that knife the number on the passport in the Seodaemun-gu Section C3-5 of the District Office in Madongdong-si, China, in a way of flaging the number on the passport and describing other numbers in the pen.
Accordingly, the defendant altered a passport, which is an official document, for the purpose of uttering.
Summary of Evidence
1. Defendant's legal statement;
1. Application of a copy of the altered passport;
1. Article 225 of the Criminal Act concerning the relevant criminal facts;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing)
1. Standard for types of punishment and sentences [Determination of types of punishment] Of the official document crime group, type 1 (non-business and non-business and non-structured elements): Reduction elements of punishment, such as forgery, alteration, etc. of official documents and other official document: Where social risks have not been realized because the ultimate objective of crime has not been achieved, it shall not be subject to aggravated punishment (Scope of recommending punishment): Four months to one year;
2. Criteria for a stay of execution [major reasons for a stay of execution] positive: Where social risks are not realized or where social or economic harm is insignificant, negative documents (general reasons for a stay of execution) that have great public confidence in society, such as judgment and passport: A criminal record of a stay of execution at least twice.
3. Determination of sentence: One year of suspended sentence for five months of imprisonment (the factors of sentencing as above and the attitude of the act of altering this case, etc.);