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(영문) 대구지방법원 2017.04.27 2017고단1287

사서명위조등

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

[Criminal Records] On November 27, 2014, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for an injury at the Daegu District Court, and the judgment became final and conclusive on May 10, 2016.

[Criminal facts]

1. On July 20, 2015, around 19:55, the Defendant: (a) discovered a DNA car driven by the victim C (42 tax) without any reason in the influence of alcohol on the fest road located in the coast basin in Daegu-gu, Daegu-gu, Daegu-do; (b) made the victim operate the vehicle rapidly; and (c) caused the victim to take a bath at once, and damaged the said car, which is owned by the next victim, by approximately KRW 45,112 of the repair cost.

2. On July 20, 2015, the Defendant: (a) voluntarily accompanied the police station F District of the Dong-gu Police Station in Daegu-gu, Daegu-gu; (b) on July 20, 2015, at around 20:05, to be suspected of causing damage to property, etc.; (c) and (d) was aware of the fact that he/she was able to ask his/her personal information to G from the circumstances surrounding the Dong-gu police station located in the Dong-gu, Daegu-gu, Daegu-gu, by a fine unpaid; (d) was carried as if he/she was the starting partner of H, Ha, and subsequently, as he/she was aware of the fact that he/she was able to ask his/her personal information, he/she forged his/her name and affixed his/her name to “the consent of voluntary accompanying,” without authority to exercise the right

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Statement made by the police against C;

1. A report on investigation (related to a boom scambling images) and a closure photograph;

1. A damaged photograph;

1. Previous convictions: Inquiry about criminal history, report on investigation (verification of the date on which the person who was tried for the crime of bodily injury became final and conclusive) and application of the text of the judgment;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of signing a private signature), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of exercising the signature of the above investigation);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Aggravation concurrent crimes;