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(영문) 서울서부지방법원 2016.05.26 2016고정265
공문서부정행사등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On December 31, 2015, the Defendant, at around 13:48, was aboard the subway lines of 3 lines in the Seoul Eunpyeong-gu, Eunpyeong-gu, Seoul, in order to be exempted from the subway fares while getting off the subway lines of 14:20 on the same day, the Defendant: (a) on December 31, 2015; and (b) on the same day, the Defendant: (c) on the subway lines of 3 lines in the same Gu B; (d) had welfare transportation cards for persons with disabilities against D issued by Seoul Special Metropolitan City, a person with disabilities while working for the subway lines of 14:20 on the same day.

Accordingly, the defendant, who is an official document, unlawfully used transportation cards for the above disabled person.

2. On December 31, 2015, at around 14:30 on December 31, 2015, the Defendant: (a) was discovered from the victim E (3) who was in the vicinity of the subway C Station No. 3 located in Seodaemun-gu Seoul, Seodaemun-gu, and manages history as a service personnel; and (b) was requested to present a card for which the payment of boarding charges was made by the said victim; and (c) the said victim was sealed, and (d) the said victim was sealed, and “nickly after they reported.”

Doz. Doz. Doz.;

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Summary of Evidence

1. Partial statement of the defendant;

1. Statement and written statement by the police with respect to E;

1. Police seizure records;

1. Application of CCTV-related Acts and subordinate statutes to the Seoul Special Metropolitan City, a copy of transportation cards by persons with disabilities and the details of the use of transportation cards;

1. Relevant Article 230 of the Criminal Act, the choice of punishment for the crime (the occupation of unlawful uttering of official documents), Article 314 (1) of the Criminal Act (the occupation of interference with business), 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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