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(영문) 광주지방법원 2018.09.06 2018고단2098
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Assistance in the Illegal Uttering of Official Documents - Defendant 2018 Highest 2098 Defendant c around January 26, 2018, “A traffic accident has occurred” from C around 20:45.

At the request of the purport that a license is not granted and the license is changed, the driver's license of the vehicle was granted to C in front of the E in Gwangju Northern-gu, the accident site, and C presented the driver's license of the defendant to a police officer belonging to the two cancer police stations of Gwangju Northern-gu, as the defendant was the defendant.

In this way, the defendant aided and abetted C's unlawful uttering of official document.

2. Property damage - Defendant 2018 Go-dan 2748 on June 10, 2018: (a) around 08:40 on June 10, 2018, Defendant 1: (b) placed the cellular phone of the victim H (20 taxes, n, n) on the floor and damaged liquid.

Summary of Evidence

[2018 Highest 2098]

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police (2018 high rank 2748);

1. Statement by the defendant in court;

1. Application of H’s written Acts and subordinate statutes;

1. Articles 230, 32 (1) (a) and 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Article 32(2) and Article 55(1)6 of the Criminal Act (with respect to aiding and abetting an illegal uttering of official documents and paper documents), which are legally mitigated;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of the punishments specified for each of the said crimes is aggregated);

1. Taking into account all the circumstances, such as the fact that the Defendant committed each of the instant crimes during the period of probation of imprisonment with labor for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, but the Defendant was fully aware of his/her mistake, the fact that the Defendant did not obtain unjust enrichment due to the crime of aiding and abetting the unlawful uttering of official documents, and the fact that the victim of the crime of destroying property did not want the Defendant to punish the Defendant, the opportunity for the Defendant to live in good faith within the limits of society.

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