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(영문) 서울동부지방법원 2014.10.01 2014고단1397
재물손괴등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On November 27, 2012, the Defendant was sentenced to two months of imprisonment with prison labor at the Seoul Central District Court for the crime of conflict, one year of imprisonment with prison labor for fraud, etc., and completed the execution of the sentence on August 7, 2013.

【Criminal Facts】

1. On April 16, 2014, at around 13:35, the Defendant: (a) lent one of Samsung C’s mobile phones owned by the victim from the victim at a restaurant operated by the victim D in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) on the ground that the other party to the call did not receive a telephone, the Defendant was on the floor of the set-off mobile phone.

Accordingly, the defendant damaged the victim's property.

2. On April 16, 2014, the Defendant: (a) around 15:50, at the criminal office and office of the Sungdong Police Station in Seongdong-gu Seoul, Seongdong-gu, Seoul, under the suspicion of paragraph (1) from E, the name and resident registration number of the Defendant’s birth; and (b) the Defendant entered “F” in the statement column of the suspect interrogation protocol with the color pen as “F”.

Accordingly, the defendant forged F's signature for the purpose of exercising the right.

3. The Defendant submitted the protocol of interrogation containing the forged F’s signature to the above E at the time, place, etc. of Paragraph 2, and at the same time, he submitted the protocol of interrogation containing the forged F’s signature as if it were genuine.

Accordingly, the defendant exercised his false signature of F. F.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol (Evidence Nos. 5) against Defendant (F)

1. Statement made to D by the police;

1. A damaged photograph of the article;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 366 (Destruction of and Damage to Property, Selection of Imprisonment), 239 (1), and 239 (2) and (1) of the Criminal Act concerning the election of criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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