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(영문) 대구지방법원 2020.04.01 2019고단6112
사서명위조등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2019, the Defendant was sentenced to one year of imprisonment by the Daegu District Court for a violation of the Road Traffic Act, etc. and the judgment became final and conclusive on August 21, 2019.

On February 19, 2019, around 23:55, the Defendant was arrested as a flagrant offender from F, a policeman belonging to the Gyeonggi-gu Police Station, who received the report of the foregoing D-112, and called the Defendant, on the ground that D, who was a substitute engineer, made a rebuttal against the Defendant and his/her driver E.

At around 02:38 on February 20, 2019, the Defendant was investigated as a suspect at the office of the Silung Police Station G Team located in Silung-ro, 513 (O's name, resident registration number, and other personal information of the Defendant as if he/she was the birth of the Defendant, and around 03:30 on the same day, the Defendant stated I's name, resident registration number, and other personal information in the Defendant's statement column of the suspect interrogation protocol against the Defendant.

Accordingly, for the purpose of exercising, the Defendant forged the signature of the I who is a private person, and presented the protocol of interrogation of a suspect containing the forged I’s signature to the above assistant H who is unaware of the signature.

Summary of Evidence

1. Defendant's legal statement;

1. A written arrest of a flagrant offender;

1. A protocol concerning the examination of suspect with regard to I;

1. Report on internal investigation (the name theft of suspect A);

1. Previous convictions in judgment: Criminal records, case search, and application of each statute of judgment;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is a number of criminal records against the defendant, and the fact that the defendant again commits the instant crime during the suspended sentence of imprisonment due to the violation of the Road Traffic Act.

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