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(영문) 창원지방법원 통영지원 2016.11.02 2016고단1264
주거침입등
Text

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

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

Reasons

Punishment of the crime

1. Around 04:30 on February 27, 2016, the Defendant intruded the victim’s residence by opening the second floor entrance of the notified telecom and opening the 3-4 entrance doors where the people in fire are accommodated by entering the corridor, when the victim D was in charge of the board and lodging at around 04:30, 2016.

2. The Defendant was arrested as a flagrant offender at around 05:05 on February 27, 2016 due to the facts stated in the foregoing paragraph (1), and was investigated as a suspect with respect to a case of intrusion upon residence from the slope F belonging to the above police station and the E Team office from around 08:12 to around 09:25 on the same day on the same day when he was arrested as a flagrant offender at around 05:05 on February 27, 2016, and then was investigated as a suspect with respect to the case of intrusion upon residence from the slope F belonging to the above police station and from the E Team office, he was aware that the Defendant’s name and resident registration number of the Defendant were insufficient to pay a fine, and marked “G” in the statement column at the end of the suspect interrogation protocol prepared by the above F, and marked the Defendant’s identity next to that.

After that, it was found that the suspect interrogation protocol, which was written with a forged signature, was duly formed to the assistant F belonging to the Sado Police Station who is unaware of the forged fact.

Accordingly, for the purpose of exercising authority, the Defendant forged and used the above G name’s signature without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement made to D by the police;

1. CCTV video CDs;

1. On-site photographs;

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

1. Relevant laws concerning facts constituting an offense and Articles 319 (1) (the points of intrusion upon residence and the choice of imprisonment), 239 (1) (the points of private signature), 239 (2) and 239 (1) (the points of exercising the right of false investigation signature) of the Criminal Act that choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act - Circumstances favorable to him/her shall be contingent;

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