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(영문) 의정부지방법원 2019.06.13 2018고단5390

사서명위조등

Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

[Criminal Power] On January 26, 2018, the Defendant sentenced 8 months to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) at the Jung-gu District Court on July 24, 2018 and completed the execution of the said sentence.

【Criminal Facts】

At around 05:41 on November 13, 2018, the Defendant: (a) was investigated as a suspect in a criminal and office of the Namyang-si Police Station and the office of the Namyang-si Police Station and the office of the Namyang-si Police Station, which held that repeated crimes would be disadvantaged; (b) was committed as if he/she is the Defendant’s relative B; (c) notified the police officer in charge of investigation, and made the police officer prepare the protocol of interrogation of a suspect; (d) made the police officer prepare the protocol of interrogation of a suspect; and (e) stated “B” in the statement column at the end of the protocol of interrogation of a suspect; and (e) sent the police officer without knowledge of the above facts with the suspect interrogation.

Accordingly, the defendant forged and used another person's signature for the purpose of exercising the right.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, E, or F;

1. Each statement and each receipt of the G production;

1. Entry and present presence of the police interrogation protocol of the accused (in the investigation record No. 69);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (suspect A criminal records, etc.);

1. Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) and (1) of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the Defendant, among the concurrent crimes, has been subject to criminal punishment twice repeatedly, such as fraud, and has reached the recent sentence. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (a more severe penalty than the penalty is concurrent crimes) has been subject to criminal punishment by multiple times for a long time.

However, the defendant completed the execution of the punishment.