logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.11.29 2013고합1127
통화위조등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, 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

During the period from January 27, 2013 to the 29th day of the same month, the Defendant created about 10,000 won a 10,000 won lap paper lap paper in the D hotel room located in Seocho-gu Seoul Metropolitan Government by using a knickter in front, back, and attaching it well. On February 6, 2013, the Defendant offered meals at “G restaurant” operated by the F in Seocho-gu Seoul Metropolitan Government E, and kept three 10,00 won lap paper paper lap paper.

Accordingly, the defendant has forged and exercised the land abolition of the Republic of Korea for the purpose of exercising it.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement concerning F;

1. Application of relevant Acts and subordinate statutes to each forged paper, paper, request for appraisal of a counterfeited paper (7 pages, three pages of counterfeited paper), photograph, and report on investigation (FI statement hearing) shall be made;

1. Article 207(1) of the Criminal Act applicable to the crime and Article 207(1) of the choice of punishment (with regard to the provision of currency, inclusive, the choice of limited imprisonment), and Article 207(4) and (1) of the Criminal Act (with regard to the exercise of counterfeited currency, the choice of limited imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a crime of uttering of counterfeited currency heavier than the hostage)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered as favorable to the reasons for sentencing):

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)2 of the Criminal Act

1. Summary of the assertion

(a) the general public was unable to have an appearance that would be mistaken for a true currency;

The forged currency produced by a defendant is too small in appearance, and it does not constitute "a counterfeited currency" as referred to in the crime of forging a currency or the crime of uttering of a counterfeited currency.

(b) did not have the objective of exercising;

The Defendant was forged with “the purpose of eating the police by making a false report.”

arrow