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(영문) 창원지방법원 2017.10.12 2017고단2839
공문서부정행사등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 2017, the Defendant: (a) acquired the victim C’s driver’s license for a motor vehicle that was lost at the victim C’s house near the Gyeong-dong, which was located in the Gyeong-dong, Changwon-si, Changwon-si.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property that he/she had on his/her own mind and has left the possession of the victim.

2. On July 13, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a fma business car in the section of approximately 1km from the road of approximately 1km to the road of the “E” located in the “E” located in the Chang-si, Jin-si, Jin-si, Seoul, without obtaining a driver’s license for a vehicle at around 00:10 on July 13, 2017.

3. Illegal uttering of official document was carried out by the Defendant, who was under the influence of alcohol on the road in front of the three-dimensional distance prior to the opening of the above North Korea, and was in possession of the Defendant, who was demanded to present the driver’s license after drinking control by H, and presented C’s driver’s license under the name of the Commissioner General of Busan Regional Police Agency, which is an official document, as if the Defendant was the driver’s license of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The driver's license ledger;

1. Application of C of a copy of vehicle driving license Acts and subordinate statutes;

1. Relevant Article 230 of the Criminal Act concerning the facts constituting an offense, Article 230 of the choice of punishment (a point of uttering of official document), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license), Article 360 (1) of the Criminal Act (a point of embezzlement of deserted articles in possession), and the choice of imprisonment, 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the accused is making a confession and his mistake is pened in depth, and that there is no previous previous criminal record subject to the punishment heavier than the fine);

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