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(영문) 서울서부지방법원 2014.04.04 2013고단3398
사서명위조등
Text

A defendant shall be punished by imprisonment for six 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 September 3, 2013, at around 20:50, the Defendant: (a) arrested the Defendant as a flagrant offender in larceny in the C prosecutorial office located in Eunpyeong-gu Seoul, Seoul; (b) presented the Defendant’s pro-friendly D resident registration number to a police officer performing official duties with a view to hiding the fact that the Defendant was sentenced to a fine in the Seoul Northern District Prosecutors’ Office; and (c) written “D” in the “deficial person” column of the written confirmation of a letter of arrest of flagrant offender without authority without the authority to exercise the authority, and forged the signature by using a stample

2. The Defendant: (a) issued a written confirmation of the arrest of a flagrant offender who forged the signature of “D” at the same time and at the same place as described in paragraph (1) of the same Article; (b) as if he/she were duly formed, the Defendant had issued a written confirmation of the arrest of a flagrant offender E who was aware of the circumstances.

Summary of Evidence

1. Defendant's legal statement;

1. A written arrest of a flagrant offender;

1. Application of Acts and subordinate statutes of written confirmation;

1. Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) and (1) of the Criminal Act concerning facts constituting an offense;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession of a criminal act and reflective acts, and the fact that there is no record of punishment for the same crime);

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