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(영문) 대전지방법원 2019.03.29 2019고단507
공문서변조등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. Around 10:00 on April 14, 2018, the Defendant changed official documents entered the term of validity of a regular inspection of the crushed stone (D) owned by him/her as of February 13, 1998, and did not undergo a regular inspection thereafter, the Defendant entered the term of validity in the registration and inspection certificate of construction machinery as “regular inspection, October 22, 2015 (the date of inspection), and October 22, 2018 (the term of validity).”

Accordingly, for the purpose of exercising authority, the Defendant modified a certificate of registration and inspection of construction machinery, which is an official document.

2. On April 17, 2018, the Defendant: (a) concluded a lease agreement with E on the said chain; (b) submitted a copy of the registration and inspection certificate of construction machinery, which is an altered official document, to the person in charge of the said E, who is unaware of the fact, to the said E, and exercised the altered official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Application of each Act and subordinate statutes to the accusation and the notice of notification of the Board of Audit and Inspection attached thereto, each certificate, construction machinery register, altered construction machinery registration certificate, and each copy of each standard construction machinery lease contract;

1. Relevant Article 225 of the Criminal Act, the choice of punishment for the facts constituting an offense, Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (The following consideration shall be given to the favorable circumstances among the "the grounds for a suspended sentence"

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Alteration of Official Documents) (Determination of Type 1). Forgery, alteration, etc. (Type 1) of Official Documents, etc. (Type 1) and no non-business or non-organization (special person) (Scope of Recommendation and Recommendation) basic area (Scope of Recommendation and Recommendation), imprisonment for 8 months to 2 years;

(b) No. 2 crime (afforcing of altered official document) (afforcing of an official document).

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