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(영문) 인천지방법원 2018.10.25 2018고단6278
사서명위조등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 February 10, 2018, the Defendant forged a private signature of another person with the intention of using B’s signature at his/her own discretion in the signature column of the above written confirmation when applying for issuance of a written confirmation of the signature of the Defendant in the civil petition passport and the passport of the Ansan branch office located in Ansan-si, Seoul-ro, 387 as if the Defendant was the type B of the Defendant. On February 10, 2018, the Defendant forged the signature of another person with the intention of using B’s signature at his/her own discretion in the signature column of the above written confirmation, and presented it

2. The Defendant’s unlawful uttering of official document presented the official document B’s resident registration certificate, which was in possession of the official document in advance, to verify his identity, at the above date, at the above place, and presented it to the employee in charge.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A certificate of the principal's signature;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 239(1) of the Criminal Act, Article 239(2) and Article 239(1) of the Criminal Act, Article 239(1) of the Criminal Act (the occupation of exercising the above investigation signature), and Article 230 of the Criminal Act (the occupation of exercising the unlawful official document, the choice of imprisonment with labor) concerning the crime;

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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (which shall be favorable to the reasons for sentencing) is [the scope of recommendation] No person who does not exist in the basic area (4 to 10 months) of the Act on the Suspension of Execution (the grounds for sentencing) (the grounds for sentencing), such as official documents, etc. (the illegal use of official documents, etc.) [the standards for multiple crimes] [the grounds for sentencing] for at least four months (the standards for multiple concurrent crimes for which no sentencing has been set out] [the decision of sentencing] for four months of imprisonment, and for one year of suspended sentence, a crime committed as if the defendant was a punishment and forged his/her signature by using the identification card of his/her family member.

However, the fact that the mistake is recognized and reflected, the discovery of the crime by the public official in charge does not lead to additional crimes using forged signature, the fact that there is no criminal record for the same kind of crime, and the defendant.

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