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(영문) 서울남부지방법원 2016.06.29 2016고단888
사서명위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 16, 2015, the Defendant violated the Resident Registration Act: (a) around 11:52, the Defendant was driving a subway 9-ro 560 in the subway 560-ro, Gangseo-gu, Gangseo-gu, Seoul; (b) controlled the Plaintiff’s resident registration number as if the Victim E was his/her resident registration number, and used the Victim’s resident registration number unlawfully by deeming the said police officer as his/her resident registration number.

2. When the Defendant, at the time and place specified in paragraph 1, controlled the foregoing at the time and place, the Defendant forged the signature by means of arbitrarily signing the Defendant on the name column of the PDA page of the notice of penalty for violating signal and, without authority, submitted the forged signature to the said police officer who knew of the fact, with the intention of driving as if he was E and exercising it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of the written peremptory notice to attend the trial;

1. Application of Acts and subordinate statutes on PDA data;

1. Relevant Article 239 (1) and (2) of the Criminal Act (the charge of forging and exercising the signature of the company), Article 37 subparagraph 10 of the Resident Registration Act (the violation of the Resident Registration Act and the choice of imprisonment with labor);

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 contents of the crime indicated in the reasoning of sentencing under Article 62(1) of the Criminal Act, the records of the criminal defendant's punishment for similar crimes are several times, and the defendant's age, criminal records, criminal records, sexual conduct, and the circumstances after the crime are considered as a whole, and all the conditions of the sentencing indicated in the records and arguments of the case are determined as the sentence against the defendant.

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