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(영문) 춘천지방법원 2016.03.31 2016고단77
사문서위조등
Text

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

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

Reasons

Punishment of the crime

On December 23, 2015, the Defendant was sentenced to a suspended sentence of two years in the year and February of 1 year by committing a violation of the Labor Standards Act at the Chuncheon District Court on December 23, 2015, and the said judgment became final and conclusive on December 31, 2015.

1. On September 17, 2015, the Defendant forged private documents: (a) stated D’s name: E; (b) F’s resident registration number; (c) address: G apartment apartment Xxxxxxxxx number in the Daegu Metropolitan City, Dong-gu; and (d) stated “E” in E’s name, at the C office of the Defendant’s management corporation office located in B1 on September 17, 2015 at the end of the time, Chuncheon City, B; and (b) stated D’s name in E’s name.

E’s seal was affixed.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the labor contract in the name of E, a private document on rights and obligations.

2. On September 18, 2015, the Defendant submitted a forged labor contract to a public official in charge of official in charge of personal affairs in Gangwon-do’s Office Forest Management, which was located in the center of Chuncheon-ro, the center of Chuncheon-si, to the public official in charge of official in charge of personal affairs, as if it were a document duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of a forged labor contract copy of the statutes;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime (the point of uttering of the aforementioned investigation document), the selection of punishment for imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes (crimes of Frauding the above-mentioned Documents) / Alteration of private documents [the scope of recommendations] shall be punished by imprisonment with labor for not less than six months, but not less than two years (basic areas);

(b) The same paragraph as those of the preceding paragraph for concurrent crimes (facing private documents);

(c) Six to three years of imprisonment for dealing with multiple crimes (one point of the upper limit of concurrent crimes).

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