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(영문) 부산지방법원 2016.11.03 2016고단2739

사서명위조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:40 on February 17, 2016, the Defendant was investigated by E in relation to the assault case at the Busan Jin-gu Police Station D District of Busan Jin-gu, Busan.

Accordingly, the Defendant left F’s resident number (G), which is the Defendant’s death degree, forged the signature of “F”, which is a private signature, in the column for confirmation of the “identification of Arrest and Detention” and in the column for confirmation of the “Personal Suspect’s Physical Confirmation of Arrest and Detention”, and issued the above E with the arrest confirmation stating the forged signature and the arrest and detention suspect’s physical confirmation, as such, as if they were genuine to the above E, as if they were aware of the forgery.

Accordingly, the defendant, for the purpose of exercising, forged the F's signature, respectively, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. Letters of arrest of flagrant offenders and certificates thereof (F respectively);

1. Application of Acts and subordinate statutes to written confirmation of a arrested or detained suspect;

1. Article 239 (1) and (2) of the Criminal Act applicable to the relevant criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act: Consideration of the absence of the same kind of force for sentencing, and circumstances where the degree of perception of illegality is relatively weak;