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(영문) 의정부지방법원 2018.11.08 2018고단3716
공문서변조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2016, the Defendant was working for the collection and sale company of apartment recycled products (State) B, and was willing to modify the response details by inquiring about the administrative disposition in the name of the prime market in order to participate in the bidding for collecting apartment recycled products.

1. Around March 7, 2018, the Defendant altered official document: (a) within the office of the branch office of the branch office of the Namyang-si located in D; (b) within the office of the branch office of the Namyang-si located in the Republic of Korea; and (c) on November 18, 2016, that the Defendant did not receive the administrative disposition from the original city as of November 18, 2016; (b) revised the PDF file of the official document under the title “B” to “the date of issuance” by using the picture board; and (d) output it.

Accordingly, for the purpose of uttering, the Defendant changed to one copy of “the result of inquiry about the details of administrative disposition (stateB)” under the name of the original market, which is an official document.

2. The Defendant, at the time, at the place specified in paragraph 1, submitted a document of alteration as described in paragraph 1, to an employee whose name of C apartment management office is unknown, who is not aware of the fact, by facsimile as if it was actually issued.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Modified official documents (in response to the results of inquiries about details of administrative dispositions);

1. Application of Acts and subordinate statutes to the original official document (the result of inquiries about details of administrative dispositions) before alteration;

1. Article 225 of the Criminal Act applicable to the facts constituting an offense (a point of altered official documents), Articles 229 and 225 of the Criminal Act (a point of uttering of modified 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended punishment on the sentencing guidelines: Where there are grounds for special consideration in relation to the participation in an act or motive for an act of crime in the mitigation area (4 months to 1 year) of the mitigated area (4 months to 1 year), such as forgery, alteration, etc. of official documents, etc. from April to one year (the scope of the recommended punishment).

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