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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Majority-related relationship] On October 18, 2010, the Defendant was sentenced to three years to imprisonment for a crime against the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the said sentence on August 4, 2013.
[Criminal facts]
1. At around 15:00 on June 26, 2015, the Defendant: (a) placed the victim’s “E” located in Jung-gu Seoul Special Metropolitan City, Jung-gu C commercial building D, 16, in front of the “E” store operated by the victim D; (b) placed the victim’s property in a bank holding one doping typ typ typ troid at the market price equivalent to KRW 10,000, in a dunes; and (c) stolen the victim’s property.
2. On July 1, 2015, the Defendant: (a) indicated the personal information of “F” who was investigated as a criminal suspect in relation to the foregoing paragraph 1. at the office of the Seoul Southern-gu Seoul Southern-gu Police Station type, Seoul, Seoul, as Han River-gu, Seoul, and entered “F” in the name column using a black pen on the end of the suspect interrogation protocol for the purpose of exercising the investigation.
Accordingly, the Defendant forged the signature of F, a person without permission, for the purpose of exercising the right.
3. The Defendant, at the time and at a place specified in the above 2. Paragraph 2., submitted a written protocol of interrogation of a suspect stating a forged signature to H, who was aware of the forgery, as mentioned in the above 2. Paragraph 2., and exercised the forged signature.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of suspect examination of the police against the accused (a protocol in which the signature of F is entered by forging the name thereof);
1. Statement made by the police against D;
1. A report on investigation (including on-site CCTV photographs), photographs attached thereto, and notification of the results of photographic appraisal (including photographs which are the objects of appraisal);
1. Previous relationship: Application of a reply to inquiry, such as criminal history, report on investigation (verification of suspect A repeated crime) and a copy of the judgment attached thereto, personal identification and acceptance status of each individual;
1. Relevant Article 329 of the Criminal Act, Articles 239(1) and 239(2) of the Criminal Act regarding criminal facts (the act of forging a private signature and exercising a signature on a private investigation), and larceny.