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(영문) 서울서부지방법원 2016.04.22 2016고단303
공문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On October 5, 2015, the Defendant of an official document forgery is determined to be in line with the purpose of our division’s policy by using a computer within the 4th floor D Cultural Center office of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu’s 4th floor D Cultural Center, “request for cooperation in the venue of events” and “D Cultural Center’s event in the content column.”

Nice, place approval decision, referring to the decision of approval for use of Nice and place.

After stating "The official seal was affixed to the previous official document, the official seal of the Minister of Unification was affixed to the official seal of the Ministry of Unification.

Accordingly, the defendant, for the purpose of uttering, forged a letter of request for cooperation at an event site in the name of the Minister of Unification, which is an official document.

2. On October 6, 2015, the Defendant: (a) submitted a forged official document to the competent official of the Ministry of Unification, as set out in paragraph 1, at the park management office of Goyang-si, Goyang-si; and (b) submitted it to the competent official of the said office as if he were duly prepared.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Request for cooperation at the venue of the event (the creative administration officer -5184) and the application of existing statutes;

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);

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. The sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is in mind [the scope of recommendation] of forgery, alteration, etc. of official documents, etc. and there is no person [the person subject to special sentencing] [the sentence] in the basic area of Category 1 (non-business and non-corporates from August to two years] [the decision of sentencing] [the circumstances are as follows: (a) under the unfavorable circumstances, taking into account the defendant's age, sexual behavior, environment, circumstances after committing the crime, etc.; (b) there are several times the past records of having been sentenced to punishment for crimes such as fabrication of private documents; (c) after obtaining approval for the use of official documents of the above Article, the general cultural agenda was first intended and held, but the general cultural agenda was held.

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