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(영문) 수원지방법원 성남지원 2018.07.19 2018고단892
공문서위조등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On September 28, 2017, the Defendant forged official document: (a) stated “F”, “F”, “3 lots outside the Hanam City, G outside the Hanam City,” “B before Hanam City’s land category change (use of land)”, “B before Hanam City,” and “F. 25. 09. 25. 25” on the date of preparation in the D office located in the Hanam City, using a computer-to-si program, in the column for permission for the permit file; (b) stated “F”, “F”, “T 3 lots outside the Hanam City,” the location of the permitted content column; and (c) printed out the official document using a printer installed therein.

For the purpose of uttering, the Defendant forged a certificate of permission for acts in the name of the head of the Si/Hanam-si, a public document.

2. On September 28, 2017, the Defendant, at the foregoing D office, delivered to F a certificate of permission for an act, which is a forged official document, as if it were issued genuinely.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. Consultations following an application for land category change;

1. Application of Acts and subordinate statutes governing permission for acts;

1. Article 225 of the Criminal Act (the point of Article 225 of the same Act on Official Documents), Articles 229 and 225 of the Criminal Act on criminal facts (the point of uttering of forged Official Documents);

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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order is very poor in light of the fact that the defendant, who received a building permit by deceptive means and received a punishment for obstructing the performance of official duties by deceptive means, was in charge of the construction design work again, and forged the official document and led to the crime of this case.

However, the punishment is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the defendant, the age, environment, sex, motive and means of the crime, and circumstances after the crime.

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