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(영문) 서울서부지방법원 2013.04.09 2013고단356

사서명위조등

Text

A defendant shall be punished by imprisonment for four 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. On October 6, 2012, the Defendant, while driving a taxi on or around 00:35, voluntarily accompanied the taxi to the zone D of Mapo Police Station located in Mapo-gu Seoul, with a view to concealing the fact that he/she had been under the influence of alcohol and the fact that he/she fell under the vision. The Defendant voluntarily signed the name of “E” in the name of the Defendant’s pro-friendly “E” by using a pen that is seen in the name column of the written statement in order to conceal the fact that he/she had been requested to prepare the written statement on the case

Accordingly, the Defendant forged the signature of E for the purpose of exercising the right.

2. The Defendant, at the time and place of the above paragraph (1) above, submitted to the police officer in charge, who is aware of the forgery, a written statement stating the forged signature.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements of the accused (E)

1. Application of F’s police statements to 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. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are specified only by imprisonment with prison labor.

The crimes committed by the defendant, as above, are deemed to have been committed contingent to avoid the default of fines, and there is no previous conviction of the same kind, and the unpaid fines have been paid, and other circumstances which form the conditions for sentencing, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as ordered in consideration of the sentence.