logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 영덕지원 2018.12.19 2018고단196
사문서위조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On January 201, 2017, the Defendant: (a) stated the name of the obligor in the column of “name of the obligor” and “domicile” as “E” in the lower gap in the letter of borrowing money that D borrowed KRW 100 million from the Defendant at a non-permanent location; (b) filed an application for payment order with the Daegu District Court in the Dong-dong, Young-gu, Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City Branch in 8337, the Defendant issued two copies of the forged money borrowing instrument to the public official in charge of the name and influence who is not aware of the forgery.

Accordingly, for the purpose of uttering, the Defendant forged two copies of a private document E, which is a private document related to rights and obligations, and exercised two copies of the above money borrowing deed which is forged.

2. Around July 2014, the Defendant: (a) obstructed the body of the victim by hand on the ground that the victim E (the age of 64) took place before the Gyeongbuk-gun F, Gyeongbuk-gun, the Defendant: (b) brought the victim E (the age of 64) in mind.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to E, D, and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 231 of the Criminal Act (the point of Article 231 of the Private Document, the choice of imprisonment), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document, the choice of imprisonment), Article 260 (1) of the Criminal Act (the point of assault, and the choice of imprisonment) concerning the crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years and six months;

2. Scope of the recommended sentences according to the application of the sentencing criteria;

A. In the mitigated area (one month to one year), the mitigation area (one year to one year) (a special mitigation person) (a special mitigation person) did not achieve the ultimate purpose of the crime, and thus social risks have not been realized. This is the case where each private document forgery and each of the above investigation documents [the scope of recommendation] is forged, falsified, etc.

arrow