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(영문) 창원지방법원 마산지원 2015.07.21 2015고정336
사문서위조등
Text

Defendant

A shall be punished by a fine of KRW 500,000, and by a fine of KRW 1,000,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A had the intent to prepare and post a written public notice by arbitrarily stealing the name of the head of the C branch office in order to address the arguments of the opposite candidate in relation to the election of the head of the C branch office, and the defendant B, in relation to the election of the head of the C branch office.

Defendant

A around August 30, 2013, at the office of the Changwon-si, Changwon-si, the written notice stating “E” in the following part of the document using a computer at the office of the welfare charging office located in Changwon-si, Changwon-si, and Defendant B affixed the official seal of the head of the C branch in the above office “E” on the same day, and the Defendants posted the written notice on the bulletin board of the above welfare charging office around August 31, 2013.

However, the Defendants did not obtain the above E’s consent or consent with respect to the preparation and notice of the above written public notice.

As a result, the Defendants conspired to use the public notice in the name of C branch E, which is a private document of fact certification, for the purpose of exercising authority.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. The application of Acts and subordinate statutes to investigation reports (a copy of examination records of relevant suspect);

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, and the choice of fines, respectively.

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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