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(영문) 창원지방법원 거창지원 2013.03.13 2012고단534

사서명위조등

Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. 도박의 점 피고인은 B, C, D 등과 함께 2012. 8. 4. 23:00경부터 2012. 8. 5. 04:10경까지 사이에 함양군 E 식당에서 화투 20장을 사용하여 1패당 화투 5장씩으로 만든 패를 각자 나누어 가진 후 원하는 패에 돈을 걸고, 화투 끝수가 높은 사람이 이겨 건 돈을 가져가는 방법으로 일명 ‘도리짓고땡 아도사끼’라는 도박을 하였다.

2. On August 5, 2012, the Defendant, at the investigation of the Kanyang Police Station around 06:27 and the strong team office of the Kanyang Police Station around August 5, 2012, conducted an investigation by committing the crime of gambling under the above Paragraph (1) to pro-friendly G while undergoing an investigation by a slopeF, etc., and subsequently, after entering the interrogation protocol prepared by the above police officers as “G” in the statement column, and marked the Defendant’s unmanned on the next side.

Accordingly, the defendant has forged his signature in the above G name without authority for the purpose of exercising his right.

3. The Defendant, at the same time and place as Paragraph 2, submitted to the above assistantF a forged protocol of suspect questioning that forged G’s signature at the same time and place as Paragraph 2, and used it.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of H by the prosecution;

1. Application of the police interrogation protocol (G name) to the accused;

1. Relevant Article 239(1) of the Criminal Act, Article 239(2) and (1) of the Criminal Act, Article 239(1) of the Criminal Act, and Article 246(1) of the Criminal Act concerning criminal facts (the occupation of gambling and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant repents and reflects the mistakes, and that the forgery of

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;