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(영문) 수원지방법원 2017.08.17 2017고단3794
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 19, 2017, the Defendant’s unlawful uttering of official documents was at the criminal team office of the Jindong Police Station in 596, Jinsan-si, Gyeonggi-si, Gyeonggi-si, Gyeonggi-si, the 596 Simsan-si, and was asked to present an identification card from the border B belonging to the above police station while being investigated as the person who was the victim of the injury, and presented as if the Defendant’s resident registration certificate was the Defendant’s resident registration certificate, which is the Defendant’s official document under the name of the Gyeonggi-do Suwonwon market, which

Accordingly, the defendant did not use official documents.

2. The Defendant forged the above C’s signature with the name of the above C on the suspect interrogation protocol without authority and used the forged signature by submitting it to the above B for the purpose of exercising the right after undergoing the investigation at the above date, time, and place C, and after undergoing the investigation, the Defendant forged the above C’s signature with the name of the above C on the suspect interrogation protocol.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. C’s statement;

1. A report on investigation (misappropriation of suspect's name);

1. Personal information on a request for the preparation of a list of investigative data (re-verification of personal information), and on a person whose identity theft is confirmed;

1. Application of statutes to C resident registration certificates submitted by the person under consideration;

1. Article 230 of the Criminal Act applicable to the crime and Article 230 of the choice of punishment (the occupation of unlawful uttering of official document, the choice of imprisonment), Article 239(1) of the Criminal Act (the occupation of a signature) and Article 239(2) and Article 239(1) of the Criminal Act (the occupation of exercising the signature of the above investigation);

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. Although the reason for sentencing under Article 62(1) of the Criminal Act is not good in light of the method and content of each of the instant crimes, the punishment as ordered is determined by considering favorable circumstances, such as the Defendant’s age, sexual conduct, environment, background of the crime, circumstances after the crime, etc., and considering the following factors: (a) the Defendant’s primary offender’s age, sexual behavior, etc.; and (b) the Defendant’s primary offender.

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