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(영문) 대전지방법원 2017.06.23 2017고정626

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Music Industry Promotion Act shall drink alcoholic beverages with customers, or provide entertainment to customers by singing or dancing in a singing practice place for profit;

Nevertheless, the Defendant: (a) around 01:38 on July 28, 2016, at the Daejeon Dong-gu Daejeon District Court’s 2’s “C Singinging practice hall”, the Defendant: (b) received KRW 30,000 per hour from the public prosecution other than D, which is a business owner; and (c) provided entertainment to customers with dancing and singing.

2. On July 28, 2016, the Defendant forged private documents: (a) at the police box of the Daejeon Eastern Police Station, the Daejeon Dong-gu, Daejeon, Daejeon, the Defendant: (b) stated that “G” and “H” in the resident registration number column shall be stated in the sexual name column by using a photographer, and signed by G, stating that “I will receive KRW 20,000 won from a singing practice place and have reached with customers and singing.” (c) signed by G.

Accordingly, the Defendant, for the purpose of uttering, forged a letter of self-statement in the name of G, a private document on proof of facts.

3. The Defendant, at the time, and at the place specified in paragraph 2, delivered the forged writing to police officer assistant I, who was aware of such forgery, as above, as if it were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. J's self-written statement;

1. Application of the Acts and subordinate statutes related to G's self-written statements and internal investigation reports (dominant personal information);

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the occupation of exercising the aforementioned investigation document), Articles 34(4) and 22(2) of the Music Industry Promotion Act (the occupation of entertainment for the purpose of interest), the selection of fines for each of the fines on criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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