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(영문) 인천지방법원 2020.09.17 2020고단6306
사인위조등
Text

A defendant shall be punished by imprisonment 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

On April 26, 2020, the Defendant had the mind to file a civil petition for the cargo accumulated on the front of the Seo-gu Incheon, Seo-gu, Incheon with the name of “C” in the name of “C” operating the company, rather than its own name, at the above road located near the above road. On April 26, 2020, the Defendant made a civil petition document under the title “C” with the name of “C” in the name of “request for measures against illegal buildings” when carrying out as if the Defendant had a legitimate authority to complete the civil petition from the official seal stamp located near the office where the Defendant works in Seo-gu, Incheon, Seo-gu, and served the civil petition document by mail to the Seo-gu Incheon Office through the employees of the above accounting office.

Accordingly, the defendant forged C's seal for the purpose of uttering, and submitted one copy of the civil petition document on which the above seal is affixed to an employee in the name in the Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Requests for measures against illegal buildings in filing a complaint, the application of photographs, and mail bags-related Acts and subordinate statutes;

1. Article 239 (1) of the Criminal Act and Article 239 (2) and (1) of the Criminal Act concerning the facts constituting an offense (the occupation of an exercise which is a false investigation);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for not more than four years and not more than six months;

2. Crimes of which the sentencing criteria are not set for each judgment of the scope of recommended sentences according to the sentencing criteria;

3. The crime of this case, which was sentenced to the sentence, is that the defendant forged the seal C and submitted a civil petition document in the name C and used the document under the name of C, and the criminal liability is heavy in light of the content of the crime, and the defendant has been punished for forging private document, etc., and is disadvantageous to the defendant.

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