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Q

I am curious about the elements and the level of punishment for the crime of official document forgery.

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I think I am involved in a case of the crime of official document forgery. I picked up a disabled parking registration card in a department store parking lot and forged it..?? But I did not use it, I only forged it, and I got caught. If anyone knows the elements and the level of punishment for the crime of official document forgery, please let me know.

crime of official document forgery

A

Answer to Related Inquiry

For the crime of official document forgery to be established, three main requirements must be satisfied.

▷ Creation without authority

This is where a person without authority to create the document makes it using the name of a public official or a public institution.

In other words, it applies to making, in another person's name, a document that one has no right to create.

▷ Similarity to an actual official document

The form and format must be complete enough that a third party would mistake it for an actual official document.

Mere imitation of letters or simple manipulation of paper is unlikely to satisfy this.

▷ Intent to use

There must be an intention to actually use the forged document.

Even if it was not actually used, if there was a plan or intention to use it, the crime of official document forgery may be established.

In the case of the crime of official document forgery, under Article 225 of the Criminal Act, a person who forges or alters an official document may be subject to imprisonment of up to ten years.

However, in actual cases, the sentence varies depending on various factors, such as the motive, the method, the degree of harm, whether it was used, and whether there is a prior criminal record.

In the case you mentioned, where you "only forged a disabled parking registration card that you had picked up," whether there was an intent to use it can become the issue.

Even if it was not used, if the intent is recognized, it can become subject to punishment.

For details related to the crime of official document forgery, please confirm through a consultation with an attorney who focuses on criminal cases.

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