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(영문) 서울남부지방법원 2017.01.11 2016고단5384
사문서위조등
Text

A defendant shall be punished by imprisonment for nine 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. The Defendant violating the Military Service Act is social service personnel who served in the E Park located in Yeongdeungpo-gu Seoul Metropolitan Government, under the jurisdiction of the Yeongdeungpo-gu Seoul Metropolitan Government Office C from November 10, 2014 to December 14, 2016.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

The Defendant, from May 6, 2015 to June 7, 2015, was absent from work without any social service personnel, and was released from work for 49 days in total without justifiable grounds, as shown in attached Table 1 from November 18, 2014 to June 20, 2016, including where he was absent from work without any social service personnel.

2. On November 19, 2014, the Defendant forged a private document: (a) stated that “A”, “G” in the resident registration number column, “G infection” in the hospital name column, and “one day from November 18, 2014 to November 18, 2014” in the column for the hospital treatment period as “one day from November 18, 2014 to one day from November 18, 2014” in the file for the confirmation of hospital treatment, which is the name of “A” in the name of the patient who was acquired in advance by using a computer from the PC room near the above E Park.

In addition, from November 19, 2014 to June 21, 2016, the Defendant forged 25 copies of a written confirmation of medical treatment under the name of doctor F, a private document on the proof of facts, for the purpose of uttering at least 25 times, as shown in attached Table 2 from the above E Park room to the above E Park.

3. On the same date as indicated in paragraph 2, the Defendant held each of the instant investigation documents with each of the following events at the Yeongdeungpo-gu Office located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government, with the competent officers of the above Gu Office C, who knew of the forgery, as if the documents were duly formed after completing each of the written confirmation for medical treatment under the above forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to each certificate of outpatient treatment;

1. Article 231 of the Criminal Act (the point of Article 231 of the same Act) and Articles 234 and 231 of the Criminal Act (the exercise of the above investigation document) concerning criminal facts.

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