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(영문) 수원지방법원 여주지원 2018.07.10 2018고단570
사서명위조등
Text

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

However, the execution of the above punishment 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 September 17, 2014, the Defendant: (a) was investigated as a victim of the attempted quasi-rape in the Leecheon Police Station’s investigation and in the statement recording 2 head room located in Leecheon-gu, Leecheon-si, Leecheon-si, 32, and decided to do so as to be “B” as if he were “B”.

Accordingly, the Defendant stated “B” in the signature column of the statement protocol, which was requested by the police officer to read, sign, and seal the statement protocol after the Defendant’s name was called “B” to the Leecheon Police Station C and the police officer D, and indicated “B” in the same manner as written consent for video recording, written investigation process confirmation, written confirmation of the victim’s right notification, written consent for the victim’s information provision, etc.

Accordingly, for the purpose of exercising authority, the Defendant forged B’s signature in the statement protocol, video recording written consent, written confirmation of investigation process, written confirmation of the victim’s right notification, and written consent of the victim’s information provision.

2. The Defendant, at the time and place specified in paragraph (1), presented to the police officer D a statement protocol, video recording agreement, written confirmation of the investigation process, written confirmation of the victim’s right notification, and written consent to provide information on the victim of the crime, without the authority written in paragraph (1) as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of identification card;

1. The written statement;

1. A written consent to video recording;

1. Statement;

1. A written confirmation of notification of rights to victims;

1. Application of Acts and subordinate statutes on providing consent to victims of crime;

1. Article 239 (1) (Counterfeit of a private signature) of the Criminal Act applicable to the facts constituting an offense, Article 239 (2) and Article 239 (1) of the Criminal Act (Uttering of a private signature) of the said Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on a person who commits a crime of conspiracy to sign a above investigation; a punishment imposed on a person who commits a crime of conspiracy to sign a above investigation concerning a statement which has the largest nature of the crime);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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