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(영문) 부산지방법원 2019.06.20 2019고단1144
공문서변조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around August 2018, the Defendant altered official documents entered “E” as indicated in the vehicle number column of the disabled vehicle sign issued to the external steering net D for the purpose of exercising the building B in his/her own residence, and entered “F” in the name of the Defendant, using the black box.

2. On February 5, 2019, around 15:23, the Defendant: (a) parked a Fluent Car at the H parking lot located in Busan Metropolitan Government G; (b) kept a copy of a disabled parking sign, which is an altered official document, as described in the foregoing paragraph 1., on the front glass of the said vehicle, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on internal investigation (written confirmation of the issuing authority) and report on internal investigation (whether to issue a registered sign of the disabled person);

1. Application of Acts and subordinate statutes to written accusation and photographs of violated vehicles;

1. Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (i.e., the following guidelines for the suspended sentence):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 1 (Non-Business and Non-Organizational Type) basic area (8-2) (8-2 years) of the sentencing criteria, such as the application of the sentencing criteria (Scope of recommendations), forgery, alteration, etc. of official documents;

2. Determination of sentence shall take into account the period of the principal offense, the degree of reflection of the accused, the age, occupation, etc. of the accused, and the sentencing as ordered by the order of the prosecutor (one year of suspended sentence in six months of imprisonment) by deviating from the sentencing criteria, taking into account the prosecutor's life sentence (one year of suspended sentence).

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