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(영문) 서울남부지방법원 2016.07.13 2016고단1215
사문서위조등
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

1. The Defendant, on January 19, 2016, issued a report that he/she would engage in entertainment establishments at the “C heading” operated by the Defendant located in Yeongdeungpo-gu Seoul Metropolitan Government, on January 19, 2016, with the notification that “the date and time of detection: 04:50/10 of the date and time of detection, the place of detection, the place of violation: Yeongdeungpo-gu, the Yeongdeungpo-gu, and the violation of the investigation document B: The male descendants at C/0 to 04:4:45/30 of January 12, 2016.

It was written in company with male customers who are not aware of the name.

The phrase “D” was drawn up and signed in the confirmation column, stating that it was “D”, and, in other words, issued the said person’s letter to the police officer at the seat.

Accordingly, for the purpose of exercising authority, the defendant has forged and exercised a chapter as a person in the name of D, a private document concerning fact certification without authority.

2. On January 19, 2016, around 15:06, the Defendant: (a) was investigated as the Defendant’s status at the six team office of the Seoul Yeongdeungpo-gu Seoul Police Station’s Economic Team located in the National Assembly of Yeongdeungpo-gu Seoul National Assembly; (b) was investigated as D; (c) was made at the end of the Defendant’s newspaper protocol; (d) was marked as “D” at the end of the Defendant’s newspaper protocol; and (d) was issued to the police officer.

Accordingly, the defendant, for the purpose of exercising his authority, forged the signature of the D name without authority and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of a person;

1. Protocol concerning the examination of suspect;

1. Application of Acts and subordinate statutes on internal investigation (additional acknowledgement of suspected charge of forging a private document A);

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment (the point of Article 231 of the Private Document, the choice of imprisonment), Articles 234, 231 of the Criminal Act (the point of exercising the aforementioned investigation document, the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of signing the private signature), Article 239 (2) and 239 (1) of the Criminal Act (the point of exercising the above investigation signature);

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 Code of the Social Service Order is that the accused uses the name of the investigative agency by stealing it.

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