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(영문) 부산지방법원 2017.11.01 2017고정830
사문서위조등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 14, 2014, for the purpose of filing a lawsuit to confirm the invalidity of the resolution to elect the representative director of the council of occupants of the Geumcheon-gu Busan Metropolitan City, the Defendant, without permission of D, entered “The Appointed-gu, Busan Metropolitan Government apartment C, 102 Dong 1402,” in the name of the parties, with the seal affixed thereto, forged one copy of the letter of appointment of the parties, which is a private document on the exercise of rights and proof of facts under D’s name, and continuously submitted one copy of the letter of appointment of the parties, which was forged at the Busan District Court’s civil petition office, to the public official of the court, who is aware of the forged fact, as the above, was actually prepared.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of partially the police officers against the accused (two times, replacement of the accused);

1. Application of the laws and regulations governing the accusation ( – - 2014, combined 6971 Written Judgment, D Opinion, combined 2014, combined 6971 Electronic Litigation Process, Answer to the Defendant’s Preparation Document, combined 2014, combined 6971 Civil Complaint, Party Selection)

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, punishment more than a summary order shall be mitigated by comprehensively taking into account the following circumstances: (a) the reason for sentencing of the instant case; (b) the Defendant’s age; and (c) the character, conduct, environment, motive, means and consequence of the Defendant; and (d) the circumstances after the commission of the crime.

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