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(영문) 수원지방법원 성남지원 2019.10.29 2018고단3021
사서명위조등
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On July 26, 2018, the Defendant committed an indecent act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Open Place) committed an indecent act for about 15 minutes of the victim, at the same time, committed an indecent act against the Defendant’s sexual intercourse committed by 15 minutes of the victim, at the end, at the time when the Defendant’s sexual intercourse with the Defendant’s sexual intercourse attached to the high speed terminal station located in the subway relief line located in Yeongdeungpo-gu Seoul Metropolitan Government, by using a large number of passengers, such as the victim B (a person’s name, leisure, and age 31).

Accordingly, the defendant committed indecent acts against the victim in public means of transportation.

2. Forgery of private signature, and the use of a false investigation or signature;

A. On July 26, 2018, the Defendant: (a) at the Seoul Metropolitan Police Agency’s Second Team C Team office located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul on the grounds of the foregoing paragraph (1); and (b) after undergoing an investigation on the grounds of the foregoing paragraph (1), requested D from the security guards affiliated with the said subway Police Team to sign and affix seals on each column of the person who stated the suspect interrogation protocol and the confirmation of the investigation process confirmation; (c) stated “E” in the aforementioned person’s statement and confirmation column; or (d) made a person who is not aware of such fact enter, and forged another person’s signature without authority for the purpose of exercising his/her authority.

B. The Defendant submitted to D, at the same time and place as the above paragraph (a), a suspect interrogation protocol and a written confirmation of investigation process containing a forged private signature as mentioned above, and exercised it.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. The written statement made by the police against B;

1. Gathering video CDs;

1. Application of Acts and subordinate statutes to report on investigation (change of suspect personal information);

1. Relevant legal provisions concerning facts constituting an offense, and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place and Selection of Imprisonment), Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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