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(영문) 서울동부지방법원 2016.05.13 2015고단3922
공문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 2015, the Defendant forged official document: (a) at the Defendant’s home located in Seocheon-gu Seoul Special Metropolitan City 203 apartment B apartment house No. 203, the Defendant deleted “D” as indicated in the vehicle number column of the disabled vehicle sign in the name of the vehicle number column in the name of the Defendant’s friendly C before he was issued by the Defendant’s friendly C; and (b) indicated “E” as the Defendant’s vehicle number using a flexible pen on that page.

Accordingly, for the purpose of uttering, the Defendant forged a sign of the disabled car in the name of the Do screen, which is an official document.

2. On October 15, 2015, the Defendant, at the time of using the parking zone for disabled persons, carried out a forged car sign as set forth in paragraph 1, with the intention of using it. As such, the Defendant’s use of the forged official document was carried out subsequent to the free will of the driver’s seat of coos car in E owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. C A protocol concerning the interrogation of suspect of the police;

1. Seizure records;

1. Application of the Acts and subordinate statutes governing forged car signs photographs;

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);

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 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. The basic area (from August to two years) of the sentencing criteria (the scope of recommended punishment) [the person who has no special sentencing factors] of the type 1, including forgery, alteration, etc. of official documents, etc.;

2. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years, the crime in this case is committed only by the defendant, without any specific crime, to forge a disabled vehicle sign on his/her own, and to install it on his/her own, for the convenience of parking at the front of the Riri, the expressway resting area, etc., and the nature of

On the other hand, there are favorable circumstances such as that the defendant reflects his own crime, that the defendant has no criminal record for the same kind of crime, and the age, sex and environment of the defendant.

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