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(영문) 서울중앙지방법원 2015.12.16 2015고단6592
사서명위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On August 26, 2015, at around 17:00 on August 26, 2015, the Defendant: (a) voluntarily operated with the above police box in Seocho-gu Seoul Seocho-gu Seoul, Seoul to undergo investigation of the assault case; and (b) subsequently, in order to conceal the fact that the Defendant requested the signature of the voluntary acting letter from the police box D at the time of the request, the Defendant stated “E” as the name of the sentence in the “E” column at the bottom of the above voluntary act consent; and (c) submitted it to the said D.

Accordingly, the Defendant, for the purpose of exercising authority, forged the above E’s signature without authority, and used the forged signature by submitting it to the police officers, such as the above D, who knew of the forgery as if the signature of E stated in the above voluntary act was genuine.

2. On September 14, 2015, the Defendant: (a) around 14:00 on September 14, 2015, at the criminal department and office of the Seocho Police Station located in 179 as the distribution of Seocho-gu Seoul, Seocho-gu, Seoul; (b) was investigated as a suspect’s status as to the assault case described in paragraph (1); and (c) entered “E” in the suspect interrogation protocol in the “E” column and submitted it to the police officer in charge, such as F.

Accordingly, the defendant, for the purpose of exercising authority, forged the above E’s signature without authority, and submitted the signature of E recorded in the above interrogation protocol to police officers such as F who knew of the forgery as if the signature of E was authentic.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Investigation report (Attachment to the current status of entry or departure by individual);

1. Voluntary written consent, written statement meeting each of the suspect interrogation records, and the application of the relevant statutes;

1. Relevant Article 239 (1) and Article 239 (2) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

1. The suspended sentence is imposed Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds).

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