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(영문) 인천지방법원 2020.08.12 2020고단2900
사서명위조등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 March 4, 2019, the Defendant drafted a marriage report with the death on May 11, 2019 within the vehicle parked in the Gyeyang-gu Incheon Gyeyang-gu Seoul Metropolitan City and the Gyeyang-gu parking lot, and on May 11, 2019, the Defendant: (a) indicated the name “C”, resident registration number “E”, address “FA G” and name “D” in the witness column of the marriage registration form, and signed the marriage registration form at will following each name, notwithstanding the fact that C and D signed or consented to the marriage report between the Defendant and the Defendant.

Accordingly, the Defendant forged the signature of C and D for the purpose of exercising the right.

2. Around March 4, 2019, the Defendant submitted to the public official in charge of family registration who is not aware of the fact that the signature of C and D was forged, as described in paragraph (1), in the civil petition passport division of Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon, as stated in paragraph (1), and had the public official in charge of family registration enter the same as the Defendant and B in the family relation register on the electronic family relation register.

Accordingly, the Defendant held that the signatures of C and D were forged in a lump sum.

Summary of Evidence

1. The defendant's legal statement C and each police statement of D;

1. Application of Acts and subordinate statutes on marriage registration;

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. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes of forging and forging each private signature, and mutually between the crimes of uttering of each private signature);

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act, the age, character and conduct, family relationship, motive and attitude of the crime, and the crime.

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