Cases
2019 Highest 4296 thief, thief, thief, thief, thief, stief, fabrication of private documents
Uttering of Fact-Finding Documents
Defendant
Kim Jong-tae (tentative name), 94, South and North Korea, and Company Board
Residential Ulsan
Reference domicile
Prosecutor
Chargeed transfer (prosecution), leapon-line (public trial)
Defense Counsel
Attorney Full-time (Korean National Assembly)
Imposition of Judgment
May 22, 2020
Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive. The defendant shall be subject to protection observation and order social service for 80 hours.
Reasons
Criminal History Office
1. Larceny;
On September 8, 2019: 04:10 on September 8, 2019, the Defendant used the victim's constitutionalism, the victim's victim's sexual intercourse - Maodong-gu in Busan, Busan, and the victim's sexual 0 spawn in the spawn, and the victim's sexual spawn in the spawn, and the victim's 800,000 won in the market price of 0,000,000 won in the market price of 300,000,000,000 won in the market price of 00,000 won in the spawn, and 60,000,000,000 won in the market price of 9,000,000 won in the spawn, new bank card 1, 2166,00 won in the market price of the victim's property.
2. On September 8, 2019, at around 05:00, the Defendant: (a) was arrested as a flagrant offender on the thief case in Busan Jin-gu, Busan; (b) had the intent of criminal punishment upon the arrest of the flagrant offender on the thief case; (c) had the name and resident number of the Kim Dong-dong, who was in a usual letter on the confirmation of personal information at the time of the transfer of the documentary region; and (d) received a written confirmation letter of arrest of a flagrant offender with the name and resident number printed thereon; (c) had the name and resident number printed on the letter of confirmation; and (d) had the signature of the flagrant offender printed on the letter of confirmation; and (d) had the signature affixed on the next side and forged it; and (e) had the above police officer’s signature and forged it; and (e) exercised the certificate of forgery under the name of the Defendant as if the document was duly formed.
3. At around September 8, 2019, the above investigation signature-making event Defendant 1: (a) was present at the Busan-dong Busan-dong Police Station and the Busan-dong Busan-dong District Criminal Police Station on September 8, 2019 and at the local criminal team office; (b) was present as a larceny suspect, such as described in paragraph (1) above, and was examined by the police officer from the police officer on the ground that he was living together with the defendant; (c) stated the personal information of the Kim Dong-dong; and (d) stated the personal information of the defendant, he stated the statement "I" as at the end of the interrogation protocol for the purpose of exercising the right, with the signature of "I Dong-dong Kim Dong-dong using a verification color pen," and forged the above interrogation protocol with the signature of "I Dong-dong," and delivered it to the above policeman as if he was actually prepared with the completion of the interrogation protocol as above.
As a result, the defendant forged his signature in the name of Kim Dong-dong without authority for the purpose of uttering, and used it as if he was actually formed by submitting it to the police officer of this case who was unaware of the above fact.
The summary of evidence (to be omitted)
Application of Acts and Subordinate Statutes
1. Relevant provisions concerning criminal facts;
Article 329 of each Criminal Code (thief) Article 329 of the Criminal Code, Article 239(1) of the Criminal Code, Article 239(2) and (1) of the Criminal Code, Article 239(2) and (1) of the Criminal Code, Article 231 of the Criminal Code, Articles 234 and 231 of the Criminal Code (the use of a forged private document) (the use of a falsified private document)
1. Commercial competition;
Articles 40 and 50 of the Criminal Act
1. Selection of a punishment;
Each imprisonment option (excluding the crime of Forgery of Private Signature and Forgery, and the crime of Exercising Official Signature)
1. Aggravation of concurrent crimes;
Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act
1. Suspension of execution;
Article 62(1) of the Criminal Act
1. Protection and observation and community service order;
Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.
The reason for sentencing is that the Defendant again committed the instant crime even though he had been punished twice for the instant larceny crime. However, even though the Defendant had been punished twice, it is unfavorable for the Defendant to have committed the instant crime. However, the fact that the Defendant has led to the confession of all the instant crimes, the entire victims have recovered, the fact that the Defendant voluntarily attended the crime on the date of release and revealed the theft of personal information, and other factors for sentencing, such as the Defendant’s age, environment, means and consequence of the crime, the circumstances after the crime, etc., shall be considered, and the sentence shall
Judges
Judges Kim Jong-soo