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(영문) 부산지방법원 2017.02.08 2016고단8417
사인위조등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On June 29, 2016, a private person: (a) the Defendant: (b) prepared a industrial accident investigation report on D, while repairing D vessels, at the office of the Co., Ltd. located in Busan Seo-gu B; (c) used D as E in the computer network column for workers’ representative column; and (d) was created and kept in front of it.

E has affixed a seal in the name of E.

Accordingly, the defendant forged the victim's name and seal for the purpose of exercising the right.

2. The Defendant, at the above date, at the above time and place, exercised a private person who sent a forged industrial accident investigation report to the Busan Regional Labor Agency by facsimile with the seal affixed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the Industrial Accident Investigation Table;

1. Article 239 (1) of the Criminal Act applicable to the facts constituting an offense (the occupation of a private person), Article 239 (2) and Article 239 (1) of the Criminal Act (the occupation of a private person) of the said Act;

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. The crime of this case on the grounds of sentencing under Article 59(1) of the Criminal Act (the sentence to suspend sentence: imprisonment with prison labor for four months) of the suspended sentence is deemed to be the defendant who forged the seal of E and used the forged private person, and the nature of the crime is not easy.

However, there is only a criminal conviction of a fine due to a violation of the Road Traffic Act (drinking) in 2007, and the defendant prepared an industrial accident investigation report for the industrial accident management of E which he was hospitalized in a hospital and kept in the process of submitting it to the Busan Regional Employment and Labor Agency.

E’s seal is used and there is room to take into account the circumstances of the crime, and the Defendant’s age, sex, intelligence and environment, relationship with victims, motive, means and consequence of the crime, circumstances after the crime, etc. are considered to be obvious. Therefore, it is so decided as per Disposition.

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