2011 Highest 5155 Use of forged evidence, forged evidence

A

The current Kim Jong-soo (prosecution) and the profit-making area (public trial)

Attorney B (Korean National Assembly)

January 30, 2013

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be subject to probation and shall be ordered to provide community service for 120 hours.

Criminal History Office

After the death of an artist C on March 7, 2009, the Defendant was investigated by suspicion that he had the representative D representative E of his female forced C to conduct a sexual intercourse against the press company, etc. for the payment of the expenses, and was indicted on August 19, 2009 as a crime of assault and intimidation against the Sungwon District Court Support, and was under trial on August 19, 2009, and was aware of the fact that the said E had been forced to compel E to conduct the said coercion, and attempted to be punished for E with strict punishment by forging it to the full bench.

1. Around that time, the Defendant drafted a letter 248 letter stating that, from December 16, 2009, at the Busan detention center located in the city of Busan, the Defendant love the Defendant, who had been well aware of it, was forced by the said E, and that, from December 16, 2009, at the Gyeongbuk-gun, the Gyeongbuk-gun prison was located in the Cheongbuk-gun, Northbuk-gun, and that, as the letter was sent by C to the Defendant, it would be very strong pressure and fluent characters to keep the Defendant in a female language different from the written book of a flat, and that it would be bullying by forcing the Defendant, who had been aware of it before, and forced by the said E.

In addition, in order to avoid tracking while the above letter appears to have been actually sent to the Defendant, the Defendant removed the above stamp number and the small part from the non-fash bags with the affixed letter bags and added it to the letter bags made by making the Defendant himself as the receiver, and made 32 copies of the letter bags by making it a copy of the fash bag in the name of 248 copies of the above forged letter and the name of the dispatched post office and making it a copy of the fash bag in the name of application along with the copy of 248 copies of the above fash. 12, 2010

The mail was sent to the Suwon District Court of Sung-ro, the Sungnam Branch of the 3rd German Criminal Court. Accordingly, the Defendant forged and used the evidence as above.

2. On October 4, 2010, the Defendant sent 23 copies of forged C by mail to the same full bench.

Accordingly, the defendant has forged and used evidence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the witness F, G, H, I, and J;

1. Each police statement on L, M, N, or0;

1. A P statement;

1. Police seizure records;

1. Investigation report (accident C-related report, screen of reported contents of the case, copy of case forwarding, meeting for investigation cooperation (the counter investigation report at the time of 09), meeting for investigation cooperation (the counter investigation report of the A), meeting for investigation report, investigation report (the counter investigation of the victim's relative), meeting for investigation cooperation (the investigation report of the A), meeting for investigation cooperation (the record of the prisoner's duty to investigate), analysis of the identity of the letters confiscated by A, analysis of the status of interview A, and investigation report (related to the search of the letter of Busan Detention House);

1. Investigation report (the result of the analysis of No. 9), investigation report (the result of the analysis of the lawsuit against the seized articles), investigation report (C, analysis of connection), each investigation report (the result of the analysis of No. 28), each investigation report (the result of the analysis of No. 29), investigation report (the result of the analysis of No. 16), investigation report (the result of the analysis of No. 16), investigation report (the result of the analysis of No. 19), investigation report (the result of the analysis of No. 8,10, and 24), investigation report (the result of the analysis of No. 10, 11, 13, 17, 18, 22, 24, and 26), investigation report (the result of the analysis of No. 26 of the seized articles), investigation report (the result of the analysis of No. 3), investigation report (the analysis

1. An investigation report (Attachment of the results of an appraisal conducted by a SBS broadcasting company), an investigation report (the analysis of newspaper samples related to the SBS news), an investigation report (the analysis of newspaper samples related to the A), an investigation report (the analysis of the letter sent out), an investigation report (the analysis related to the period of the A newspaper crap), and an investigation report (the interim report comparing and analyzing newspaper c) (the interim report);

1. A letter, a certified copy or abstract of resident registration C, a certified copy, or a written judgment on E;

1. One-person C, a copy of a letter bag, etc.;

1. Each written appraisal and reply to a request for appraisal;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 15 (1) of the Criminal Code, each choice of imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration into favorable points among the reasons for sentencing below)

1. Probation and community service order;

Article 62-2 of the Criminal Act

The reason for sentencing is that the defendant denies the crime and that many people such as high-person's bereaved family members have actually suffered damage due to the defendant's act are the factors for sentencing disadvantageous to the defendant.

Meanwhile, it appears that the act of the defendant has almost little influence on the above E judgment, and that the defendant has been detained for six months in this case and has already been punished more severe than E is an element of sentencing favorable to the defendant. In addition, the defendant's family, such as the background and health conditions leading to the crime, the mother of the defendant's mother, etc., and the defendant's age, character and conduct, etc., are determined by comprehensively taking account of the defendant's prior position, and probation and social service are ordered to return to society and prevent recidivism.

Judges fixed-term