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(영문) 청주지방법원 2013.04.26 2012고단1018
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 01:00 on January 6, 2012, the Defendant: (a) drafted a voluntary behavior letter to investigate the case in which he assaulted C, a part-time employee, at the BPC bank of Chungcheongnam-gun, Chungcheongnam-do; (b) stated “D” in the “definite” column of the voluntary behavior letter indicating the confirmation person; and (c) signed the document and presented it to the AssistantF belonging to the Cheongju-gu Police Station E zone, Chungcheongnam-gu, which was unaware of the fact.

Accordingly, for the purpose of exercising a certificate, the defendant forged and exercised a letter of voluntary action in the name of D, a private document related to the certification of facts.

2. On January 8, 2012, the Defendant: (a) was investigated as the suspect of the assault case described in paragraph (1) from the sloping Police Station in the Cheongju-dong, Chungcheongnam-gu, Chungcheongnam-gu; and (b) was investigated as the suspect of the assault case in paragraph (1) from the sloping G at the 3rd Team office in the Cheongju-gu, Chungcheongnam-gu; and (c) signed the “D” on the “statement” column of the suspect interrogation protocol prepared by the sloping G, and presented it to G without knowing the fact

Accordingly, the defendant forged the D's signature and exercised it for the purpose of exercising it.

Summary of Evidence

1. A protocol concerning the examination of each police suspect against the defendant or D;

1. Statement to C by the police;

1. Voluntary written consent;

1. Application of Acts and subordinate statutes to report on investigation (related to verification of suspect personal information);

1. Relevant Articles 231 and 234 of the Criminal Act and Articles 239 (1) and (2) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Each of the crimes in this case committed by the Defendant on the grounds of sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing as follows) is disadvantageous to the nature of the crime, such as: (a) when the Defendant was investigated by an investigative agency as a crime committed by assault and assault, (b) by forging a written voluntary act in the name of the Defendant’s living together with the Defendant; and (c) by forging and forging D’s private signature.

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