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(영문) 서울남부지방법원 2020.12.23 2020고단2732
협박등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. On December 27, 2019, the Defendant violated the Resident Registration Act: (a) around 23:05, the Defendant entered the Defendant’s name and resident registration number of “B” in the interrogation protocol of the suspect in the name of the Defendant on the part of the police officer who asked the Defendant’s personal information after being investigated by the Defendant at the criminal office of the Seoul Geumcheon Police Station and the office of the Geumcheon-gu Seoul Metropolitan Government Kucheon Police Station on 73-gil, as Geumcheon-gu.

Accordingly, the defendant used another person's resident registration number unlawfully.

2. On December 27, 2019, the Defendant: (a) received an investigation into a criminal case of intimidation at the Seoul Geumcheon Police Station and the office of Geumcheon-gu, Geumcheon-gu, Seoul, Seoul, 73:57, and (b) made the investigation by stating his/her personal information as “B” with the Defendant’s Schedule; and (c) entered the investigation as “B” using a verification-type pen in the signature column of the suspect suspect interrogation statement statement box.

Accordingly, the Defendant forged another person’s signature for the purpose of exercising the right.

3. On December 27, 2019, the Defendant presented to police officers who are not aware of the fact that he completed the interrogation protocol stating the signature of “B” forged as stated in the above paragraph (2) at the criminal charge and office of the Seoul Geumcheon Police Station, Geumcheon-gu, Seoul, Seoul, 73-gil, as Geumcheon-gu, Seoul.

Accordingly, the defendant exercised his signature of a forged person.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Reporting on investigation (related to misappropriation of A personal information of a suspect) and application of Acts and subordinate statutes concerning investigation reports (specific suspect);

1. Relevant Article 239(1) of the Criminal Act, Article 239(2) and (1) of the Criminal Act, Article 239(1) of the Resident Registration Act (a point of exercising forged private signature) and Article 37 subparag. 10 of the Resident Registration Act (the point of illegally using resident registration numbers and the choice of imprisonment);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant recognized all of the crimes of this case and reflected in the suspended sentence.

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