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(영문) 서울중앙지방법원 2020.10.15 2019고단5986
사서명위조등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 5, 2019, at around 18:40, the Defendant: (a) arrested a flagrant offender to police officers belonging to the Seoul Western Police Station C district unit of the Seocho-gu Seoul Western Police Station, who was called up after receiving a report on the assault case between the Defendant and the Defendant at a high-speed terminal station of the subway Line 9 located in Seocho-gu Seoul, Seocho-gu, Seoul, on May 5, 2019; (b) drafted a written statement at around 19:20 on the same day, entered the name of “E” and the resident number (F) in the written statement, and then issued the said written statement to G police officers, who were well aware of the fact.

Accordingly, the defendant forged another person's signature without authority for the purpose of exercising his/her authority, and exercised the forged signature of another person.

Summary of Evidence

1. The application of the police suspect interrogation protocol E to the defendant, a written statement of arrest of flagrant offender and the written confirmation to the police suspect interrogation protocol E

1. Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) and (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent offenders, the sentencing criteria are not applied since the reasons for sentencing are not set forth in the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.

In light of the fact that the defendant was investigated as a assault case and is committed as if he was another person, and the nature of the crime is not good, and that the defendant is not suitable to the circumstances after the crime is committed due to his unknown whereabouts, and other conditions of sentencing, such as the age, character, conduct and environment, etc. of the defendant, the punishment as ordered shall be determined.

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