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(영문) 대구지방법원 김천지원 2013.04.10 2012고단1155

사서명위조등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 21, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court on August 21, 2012, and the said judgment became final and conclusive on December 29, 2012.

1. On October 3, 2012, the Defendant: (a) under investigation as to the fact that he/she inflicted assault on B at a criminal charge of the Gyeong-gu Police Station and the office located in the 59-dong, Chungcheongnam-gu, Chungcheongnam-si; and (b) under investigation, the Defendant was likely to be detained in the workhouse due to the failure to pay a fine; (c) as if the Defendant was a criminal defendant, he/she was a criminal defendant; and (d) after completing the investigation, the Defendant forged the above C’s signature in the statement column of the suspect interrogation protocol, with the intention of using the signature of the said C

2. The Defendant, at the same time and place as Paragraph 1, issued the suspect interrogation protocol that forged his signature to the police officer D, who was aware of the fact, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Police interrogation protocol of the accused (29 pages of investigation record);

1. Each investigation report (for stolen part of suspect A's personal information, attachment, etc. of suspect interrogation protocol prepared in C name);

1. Previous convictions in judgment: Investigation of criminal records, and application of Acts and subordinate statutes;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows: (a) the Defendant committed a similar crime even though he/she had been sentenced to a suspended sentence of two years on April 23, 2010 due to the crime of forging false signature in the branch court of the Daegu District Court, which was sentenced to a suspended sentence of six months; (b) the Defendant committed a similar crime; and (c) on the other hand, the Defendant’s favorable circumstances, such as the need to consider equity in cases of larceny, etc. at the same time with the judgment rendered on December 29, 2012, such as the Defendant’s age, character and behavior, the background and circumstances of the crime