2019 Highest 1372 Forgery of private documents, uttering of private documents, forgery of private signature, and false investigation

Exercise of Signature, Violation of the Resident Registration Act, Violation of the Road Traffic Act

Operation, Violation of the Road Traffic Act (Unlicensed Operation)

○○(94-1), Company Board

Housing Daegu

Busan District Court

Current-time (prosecution) and old-end (public trial)

Attorney Yang Jong-soo

October 8, 2019

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

Criminal facts

【Criminal Records】

On June 24, 2015, the Defendant was sentenced to imprisonment with prison labor for three years for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a brokerage business, etc.) at the Daegu District Court on June 24, 2015, and is still under suspension of execution after the judgment became final and conclusive on July 2, 201

【Criminal Facts】

1. Violation of the Road Traffic Act and the Road Traffic Act;

At around 07:00 on November 3, 2018, the Defendant driven a NAS car under the influence of alcohol with about 0.095% of alcohol level 0.05% without obtaining a driver's license from the front side of the Daegu Jung-gu, Daegu (AUD) club to about 6-lane 66, same-sex 66, same from the front side of the same Gu (NMAD).

2. Violation of the Resident Registration Act.

On November 3, 2018, at around 07:25, the Defendant illegally used another person’s resident registration number by leaving his/her name in his/her former police officer belonging to the Daegu Middle Police Station, which asked the Defendant’s personal information on the road before the NMAD (NMAD).

3. Forgery of private signature, and uttering of a falsified investigation or signature;

The Defendant, at the time and place of the foregoing paragraph (2) above, was controlled by drinking driving, set the name and resident registration number of the Defendant’s penal QO, and requested the Defendant to sign the driver’s column of notification of the results of drinking driving control, using an electronic boom, stating that the Defendant’s signature of the changed boo’s signature on the same page was written on the driver’s column of notification of the results of drinking driving control on a portable information terminal (PDA) screen from 00 police officers, and issued the forged signature to the above ○○○○ prior to the police officer who knew of the forged fact. Accordingly, the Defendant forged and exercised another’s signature for the purpose of exercising the right.

4. Forgery of private documents and the display of private documents;

At the same time and place of the above paragraph (2) above, the Defendant, without authority, signed the name column of the Defendant’s written report on the statement of the circumstances of the driver of the driver’s license using a tamp-shaped, without authority, for the purpose of taking a drinking test from ○○○○○, and signed the Defendant’s name that “the name of the Defendant’s punishment is changed,” and read as if the written report on the circumstantial statement of the driver’s license forged to ○○○○ prior to the knowledge of the forged facts was genuine. Accordingly, the Defendant forged and exercised one copy of the written report on the driver’s license under the name of ○○, which is a private document on the certification of facts.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of a police officer on 00 cases;

1. The circumstantial statement of the employee;

1. Notification of the result of the drinking driving control (in 00 persons on the side);

1. The ledger of driver's licenses;

1. Previous records of judgment: Criminal records, etc. and investigation reports (report on the confirmation of identical records of a suspect);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 231 of the Criminal Act, Articles 234, 231 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, Article 37 subparagraph 1 of the Resident Registration Act (the illegal use of another person's resident registration number) and Article 148-2 (2) 3 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037 of Dec. 24, 2018 and enforced June 25, 2019)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Judgment on the assertion of the defendant and his/her defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. The assertion;

The defendant and his defense counsel argued to the effect that there was no possibility of entering the defendant's signature on the front page of a police officer's portable information terminal and a signature in the same form as a word, but this was signed by the defendant's personal body. Thus, the defendant did not have the intention of private signature, and there was no "OOOOOO" on the front page of a portable information terminal. Thus, the defendant argued to the effect that there was no possibility of entering the defendant by the signature of ○○.

2. Determination

In order to establish the crime of forging a private signature, the signature must reach the point of leading the general public to mislead the specific person into the authentic signature of the specific person. Whether it is sufficient for the general public to mislead the specific person with the real signature of the specific person should not be determined in consideration of the type of the signature, appearance, preparation process, etc., as well as the necessity of the signature entry in a document stating the signature, preparation process of the document, type, content, and function of the document in general transaction, etc. (see Supreme Court Decisions 2005Do4478, Dec. 23, 2005; 201Do503, Mar. 10, 201). The following circumstances acknowledged by the evidence duly adopted and examined by the court, namely, the defendant's signature at the time of using the portable device, and the defendant's signature at the time of using the same ○○ signature as a portable signature, and the defendant's signature at the time of using the device, and the defendant's signature at the same time as the above changed name was changed.

Therefore, we cannot accept the defendant's and defense counsel's assertion.

On June 24, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.) at the Daegu District Court on June 24, 2015 and for a suspended sentence of five years.

The crime of this case was committed without being aware of it, the crime of this case was committed without being limited to drinking and driving without license, and the crime was committed, such as violation of the Resident Registration Act, and its nature was poor, and the failure to appear on the designated date.

○ A favorable normal situation: The fact that the person voluntarily surrenderss the crime and reflects the crime, and voluntarily surrenders the use of the ○○○, and there is no record of punishment for the same crime.

○ Other circumstances shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., shall be determined as ordered in consideration of the sentence.

Judges Lee Yong-hoon