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(영문) 서울중앙지방법원 2017.12.08 2017노3233
사서명위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principles) that the defendant had a police officer enter another person's name in a written confirmation of the investigation process and forged his/her signature even if the defendant had a police officer enter it

The judgment of the court below which acquitted this part of the facts charged is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.

2. Ex officio determination ex officio, the Prosecutor: (a) as stated in the facts charged as to the part on which the judgment of the court below was not acquitted for the first time in the appellate trial; and (b) as stated in the facts charged 2.1, the applicable provision of the law provides that the name of the crime is “a forgery of a false name and an exercise of a false name in the above investigation; (c)” (d) Article 239(1) and (2) of the Criminal Act; and (d) Article 34(1) of the Criminal Act provides that “an application for permission to amend an amendment to an indictment with the content of a false name and an exercise of a false name.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s factual misunderstanding or misapprehension of the legal principle, and the judgment of the court below is reversed and it is again decided as follows.

【Re-use Judgment】 The history of the crime

1. Counterfeiting a private signature and exercising a signature on the investigation;

A. On April 1, 2017, at around 10:25, the Defendant: (a) arrested a flagrant offender due to an assault in the D District of Seoul, Gwanak-gu Seoul, Seoul, Seoul Special Metropolitan City (hereinafter “E main store”); (b) committed an act of violence near the E main store; (c) committed an act of assaulting at F; and (d) signed the F’s signature by signing the F in the signature column of the letter of confirmation of the arrest of flagrant offender prepared by the said G in the name of F; (c) forged the F’s signature by signing the F in the signature column of the letter of confirmation of the arrest of a flagrant offender prepared by the said G in the name of F; and (d) delivered the forged fact to G as if it was duly signed.

B. After the same day, the Defendant is around 11:45, Seoul Special Metropolitan City Gwanak-gu.

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