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(영문) 인천지방법원 부천지원 2013.06.21 2012고단2069
사서명위조등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. At around 07:30 on November 8, 2012, the Defendant: (a) in the D District D District located in Seocheon-si, Seocheon-si; (b) the Defendant, along with his day-to-day E, drink at the singing shop; (c) was arrested as a flagrant offender suspected of fraud because he did not pay the drinking value; and (d) when he was taken to the said district, he was arrested as a flagrant offender at the said district; (c) the Defendant stated the “F” in the “Confirmation” column of the written confirmation of arrest of a flagrant offender; and (d) marked his seal on the side of the part stating the “F”.

Accordingly, the Defendant forged F’s private signature without authority for the purpose of exercising his authority, and around that time, submitted to G a written confirmation of the arrest of a flagrant offender whose private signature was forged, to the police officers belonging to the said D Zone G who knew of the fact.

2. At around 08:40 on the same day, the Defendant: (a) received the interrogation of the above suspicion of fraud from the police officer, such as slope H, in the investigation of the Bupyeong-si Police Station of Busan, Seocheon-si, 1105, and office office, as if he was the F; (b) stated the “F” in the “statement” column of the suspect interrogation protocol prepared by the above H, etc.; and (c) marked his own seal next to it.

Accordingly, the Defendant forged F’s signature without authority for the purpose of exercising his authority, and around that time, the Defendant submitted a forged protocol of interrogation of a suspect with a private signature to police officers, such as the above H, who knew of the fact at the above police station, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of the accused;

1. Application of Acts and subordinate statutes of the certification;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. All the circumstances, such as the motive and means of the instant crime under Article 62(1) of the Criminal Act, the age, criminal background, and the Defendant’s primary offender, and the confession and reflect of the instant crime.

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