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(영문) 전주지방법원 2016.08.09 2016고단728

사서명위조등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 14, 2011, at around 15:35, the Defendant, at the front side of the Kim Jong-si Police Station C in Kim Jong-si Kim Jong-si, controlled the number of winners while driving the D-Wld-Wld Motor Vehicle in his name.

However, the Defendant stated that the Defendant’s name was “F” to the security guard E, and the police officer identified that he was a non-license for F with respect to a license, and requested the Defendant to voluntarily accompany.

The Defendant signed the Defendant’s “F” signature, which is the Defendant’s punishment, for the purpose of exercising the Defendant’s “self” column of the written consent of voluntary accompanying, and submitted and used the forged written consent of voluntary accompanying to the said police officer who is unaware of the fact.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written consent of voluntary accompanying;

1. Application of Acts and subordinate statutes to investigation reports (subject to suspect F), investigation reports (related to voluntary accompanying reports by a driver without a license), investigation reports (case of re-verification of the situation at the time of control);

1. Article 239(1) of the Criminal Act and Article 239(2) of the Criminal Act concerning facts constituting an offense;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant is seriously opposed to his criminal intent.

The defendant seems to be not guilty at the time of voluntary accompanying.

In addition to these circumstances, the punishment as ordered shall be determined by taking into account various conditions of sentencing, such as the defendant's age, sex, family relationship, details and contents of the crime, and circumstances after the crime.