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(영문) 대전지방법원 천안지원 2016.05.20 2016고단224
공문서변조등
Text

The punishment of the accused shall be set forth in 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 14, 2015, the Defendant changed official document: (a) at C Hospital located in Asan-si (hereinafter “Asan-si”); (b) without authority, written that D “D” was written in the name column of the copy of the permit to extract and gather forest products sent by facsimile by using tamp-type clocks for the purpose of exercising the right; and (c) written in the column of the permission period as “D” on June 27, 2015; and (d) written in the column of the permission period as “on March 31, 2015”.

Accordingly, the defendant modified a copy of permission for gathering and gathering forest products from E in the name of the Asan City market, an official document.

2. On June 15, 2015, the Defendant: (a) prepared a wood trading contract with F and the Defendant, without knowledge of the alteration, at the 157-4 street of the Eup/Myeon of Asan-si, Sinsan-si; and (b) presented a certificate of permission for gathering and gathering forest products, a modified public document, as described in paragraph (1), as if it were a genuine issuance.

Accordingly, the defendant exercised one copy of permission for gathering and gathering forest products from E under the name of the Asan City Mayor, a modified official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a copy of a permit for gathering forest products and a copy of a wooden contract;

1. Relevant Article 225 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Articles 225 of the Criminal Act (a point of altered official documents), 229 and 225 of the Criminal Act;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [type determination] - Type 1 (non-business, non-organizationed) (special sentencing factors): Reduction factors: In a case where social risks have not been realized because the ultimate objective of the crime was not achieved, such as the determination on the area of mitigation [the scope of recommendation range] from April to one year [the scope of recommendation range] - In a case where the person who made the above alteration, etc. uses the relevant and altered document [the suspension of execution].

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