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(영문) 서울동부지방법원 2017.01.12 2016고단3416
사서명위조등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 19, 2016, the Defendant infringed upon the residence of the victim, which was located in Songpa-gu Seoul, Songpa-gu, Seoul around 01:30, and was located in the house of the victim C, who was in the past relationship B, and opened the door password, which was known to him, and intrudes on the victim’s residence.

2. On September 19, 2016, the Defendant was in need of presentation of an identification card as he/she was arrested from the background E, etc. belonging to the Seoul Song-gu Police Station D District Team, etc. due to residential intrusion around 03:40 on September 19, 2016, as well as paragraph (1) before Songpa-gu Seoul.

I suggested that the defendant F's resident registration certificate under the name of the king market of Gyeonggi-do, which is an official document in possession, was completed as if the defendant's resident registration certificate was the defendant's resident registration certificate.

Accordingly, the defendant did not present official documents.

3. Counterfeiting a private signature.

A. When the Defendant was arrested as a flagrant offender from the date, time, place, circumstances, E, etc. as referred to in paragraph 2, the Defendant signed “F” as “F” in the column of confirmation of the current criminal arrest document for the purpose of exercising the following: (a) the Defendant’s possession of F’s resident registration certificate as referred to in paragraph 2, as if the Defendant was F; (b)

B. On September 19, 2016, the Defendant, at the Seoul Song Police Station and the G Team office located in Songpa-gu Seoul, signed “F” at the end of the suspect interrogation protocol for the purpose of exercising a suspect’s investigation on a residential intrusion case, such as Paragraph 1, at the above police station’s criminal charge and the G Team office, and signed “F” at the end of the suspect interrogation protocol.

Accordingly, the Defendant forged F’s signature.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused (including a protocol concerning F);

1. Statement made by the police with respect to C and F;

1. A criminal report (related to the name of the crime subject to additional application of the suspect);

1. Application of photographic Acts and subordinate statutes to residential intrusion scene photographs, and F resident registration certificates;

1. Relevant Article 239(1) of the Criminal Act and Article 319(1) of the Criminal Act (the point of Article 239 of the same Act with respect to criminal facts) of the same Act, the choice of punishment (the point of Article 239 of the same

In this regard, the Criminal Code is applied.

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