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(영문) 서울중앙지방법원 2019.10.31 2019고단5232
공문서위조등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. While the Defendant was working as the director of the Seocho-gu Seoul Metropolitan Government Postnatal Care Center C, the Defendant: (a) was waiting for the inspection of a postnatal care center of Seocho-gu public health clinic; (b) was unable to comply with the operational criteria requiring four persons due to only three registered nurses; (c) forged the nurse’s license; and (d) was able to engage in the service of four nurses in the said postnatal care center.

On May 5, 2018, the Defendant used the nurse's license for No. 5 E in the name of the Minister of Health and Welfare, which the Defendant obtained from the Defendant-friendly nurse D, and entered the “A” and “F” in the name column through the image editing program, and printed out the photograph of the Defendant through the printer.

Accordingly, the defendant, for the purpose of uttering, forged a nurse qualification certificate in the name of the Minister of Health and Welfare, which is an official document.

2. On May 29, 2018, the Defendant: (a) around the foregoing C Postnatal Care Center; (b) received a request for a nurse’s license from a public official G of Seocho-gu public health clinic after the inspection; (c) presented a forged nurse’s license as if the registered nurse’s license was issued genuinely.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of accusation for the production of G;

1. Application of the Acts and subordinate statutes of subparagraph 1 of the nurse license;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be the scope of recommendations (decision of types). The scope of recommendations shall be the following: forgery, alteration, etc. of official documents, etc. (No. 1) non-business or non-organization (special sponsor).

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