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(영문) 서울중앙지방법원 2019.05.23 2019고정361

사문서위조등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

The defendant is a police officer who served in the Seoul Seongbuk Police Station B police box.

1. On March 12, 2018, the Defendant forged a private document with the intention of receiving the child’s allowance that he received by husband C in a divorce lawsuit, and on March 12, 2018, entered “C” into the column of the Seoul Sungdong Police Station, “C” in the name column, and “C” in the name column and “C” in the letter of consent, although there was no delegation from the Seoul Seongbukbuk Police Station’s office with respect to the preparation of “written consent.”

Accordingly, the Defendant, without authority, forged a “written consent” in the name of C, a private document related to rights and obligations.

2. The Defendant used the aforementioned “written consent” forged at the time and place specified in the foregoing paragraph (1) by submitting it to the police officer in charge of the police station in Seoul Seongbuk-gu Police Station who is unaware of the fact that the said document was duly formed.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. A copy of written consent;

1. Application of Acts and subordinate statutes to report on investigation (E telephone statement);

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Articles 234 and 231 of the Criminal Act;

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

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

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