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(영문) 서울서부지방법원 2014.09.30 2014고단1631

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

1. Forgery of private signature;

A. On March 15, 2014, around 19:40, the Defendant: (a) arrested a police officer of the Seoul Western Police Station C police station, who was dispatched after having received a gambling report, as a flagrant offender in the act of gambling, on the first floor below the house located in Eunpyeong-gu Seoul Metropolitan Government, and then arrested the police officer of the Seoul Western Police Station C police station, who was dispatched after having received a gambling report, to commit a crime in the act of gambling; (b) forged the signature for the purpose of exercising the said police officer’s signature

B. On March 16, 2014, around 00:05, the Defendant forged his/her signature for the purpose of exercising his/her right by affixing the Defendant’s unmanned seal affixed to the Defendant’s seal affixed on the column of the statementer at the end of the protocol, without permission, within the criminal and office of the Seoul Western Police Station located in Eunpyeong-ro 15-ro 9-ro, Eunpyeong-gu, Seoul.

2. Events of the above investigation and signature;

A. The Defendant submitted a written confirmation that forged a private signature under the name of “E” as described in the foregoing 1’s A, to the police officer D who knew of the fact, and exercised it.

B. As described in the above 1-B, the Defendant submitted to police officer assistant F, who knew of the fact, the suspect interrogation protocol which forged a private signature under the name of “E” and used it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes of written confirmation;

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;