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(영문) 전주지방법원 2016.10.14 2016고단1129
사서명위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 4, 2016, the Defendant: (a) around 04:00, the Defendant destroyed the entrance door door door door door door door door door door door door door door door door room equivalent to KRW 20,00 of the market price owned by the victim by the victim D, who was under the influence of alcohol within the “E cafeteria” operated by the victim D, thereby driving away from the restaurant.

2. Around 05:40 on April 4, 2016, the Defendant: (a) was investigated into a criminal case, such as the damage and damage to the property under paragraph (1) at the G police box of the Jeondong-gu Seoul Special Metropolitan City Police Station G police station located in Seoul Special Self-Governing Province; and (b) was requested by H to prepare a voluntary written consent from the police station affiliated with the above police station; (c) while performing the Defendant’s criminal I while entering the name of I in the personal column of the aforementioned voluntary consent.

Accordingly, the defendant has forged I's signature for the purpose of exercising.

3. The Defendant, at the time and place of the foregoing paragraph 2, submitted to H a statement of voluntary behavior, in which the signature of the I forged was written, as stated in paragraph 2, that he/she was aware of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to J, D, and I;

1. Each report on investigation;

1. Voluntary written consent;

1. Receipts;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, and Article 239 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Review of the sentencing criteria;

(a) In the event that the actual damage (special mitigation) is insignificant in the area of special mitigation (one month to six months of imprisonment), category 1 (Destruction, Damage, etc.) (the scope of recommending punishment) (the amount of punishment shall not be imposed in the event that the actual damage is minor; and

(b) to forge the second and third crimes of private signature;

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