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(영문) 서울남부지방법원 2017.04.25 2016고단6118

사서명위조등

Text

1. The defendant shall be punished by imprisonment for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant was arrested in the act of assault around October 3, 2016 in the act of assault, the Defendant used the personal information of B known at the construction site to conceal the fact that the Defendant was in the process of committing an act of assault, and tried to commit the act as if he were.

1. On October 3, 2016, at around 00:15, the Defendant: (a) carried out as if the Defendant was in Geumcheon-gu Seoul Metropolitan Government Police Station D police box; (b) stated “B” in column for confirmation of the arrest of flagrant offenders without authority; (c) arbitrarily signed the signature on the back and forged the signature of B; and (d) submitted to the Eman of the said patrol group, who was aware of the forged fact, the signature of the name was duly formed.

2. On October 3, 2016, around 02:55, the Defendant was investigated by the F Office of the Geumcheon Police Station of 1435 Geumcheon-gu, Seoul, Seoul Special Metropolitan City, and was investigated by the head of the G G border belonging to the above police station as to the assault case at B, and without authority, entered B as “B” in the column of the person who made a statement in the suspect interrogation protocol prepared against B, and forged B’s signature with the seal affixed thereto without authority, and issued it as if the document was duly established, to the G G G G G G Gyeong who is aware of the forged fact.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A certificate to arrest a flagrant offender;

1. Application of Acts and subordinate statutes to report on investigation (Notification of Suspects of Personal Information);

1. Article 239 (2) and Article 239 (1) of theo Criminal Act (the fact of Article 239 (1) of the same Act on criminal facts (the point of exercising a signature on the above investigation)

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that recognizes the facts of crime as a substitute for the crime and reflects the wrongness, and there

1. The community service order under Article 62-2 of the Criminal Act;