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(영문) 인천지방법원 부천지원 2018.07.04 2018고단966
사서명위조등
Text

A defendant shall be punished by imprisonment for four 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. Counterfeiting a private signature;

A. On February 23, 2018, around 23:00, the Defendant: (a) accompanied the instant case to gambling within the 42-ro, 352-ro, Seocheon-si Police Station Sungcheon-gu, Taecheon-gu, Police Station, Sungcheon-gu, and was investigated by a police officer; (b) drafted the Defendant’s signature “B” in his/her signature on the Defendant’s signature letter of voluntary accompanying consent, which is the investigative document, as if he/she was his/her relative B, with the intent to conceal the fact that he/she was undergoing an investigation by a police officer.

B. On February 26, 2018, around 10:23, the Defendant forged the Defendant’s document “B” in the Defendant’s signature on the Defendant’s newspaper’s signature, which is the investigative document’s signature, for the purpose of exercising as if he was his relative B, in the process of preparing the Defendant’s newspaper protocol at the office C office of the 631 Macheon-si Police Station, Seocheon-si, Seoul Special Metropolitan City.

2. Exercising signatures on the above investigation;

A. The Defendant, at the same time and place as Paragraph 1-A, exercised a voluntary consent of accompanying signature with a police officer who is aware of the forgery as above.

B. The Defendant, at the same time and place as Paragraph 2-B, exercised the Defendant’s newspaper protocol which forged the signature to the police officer D, who was aware of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of statutes governing voluntary consent to accompanying;

1. Article 329 (1) of the Criminal Act (the point of Article 329 of the same Act on the signature of the company), Article 329 (2) and Article 329 (1) of the Criminal Act on the facts constituting an offense (the point of exercising the above investigation’s 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 appears to be that the defendant made a mistake by himself/herself and reflected against him/her.

In addition, records, such as the criminal history, age, occupation, sex, family relation, living environment, background leading to the crime, circumstances after the crime, etc.

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