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(영문) 서울중앙지방법원 2014.08.29 2014고단4170
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On April 25, 2014, the Defendant: (a) 10:00 on April 25, 2014, when entering a parking zone in the Gangnam-gu Seoul Metropolitan City Cbuilding parking lot and leaving a urine, the Defendant blicked the victim with the victim D (the age of 57) who provides the above building guard services; (b) the Defendant blicked the victim’s blick blick blick blick blick and blick blick blick blick blick blick blicks

2. Forgery of private documents and the display of private documents;

A. On April 25, 2014, at around 10:45, the Defendant: (a) arrested a flagrant offender on the charge of assault as described in the preceding paragraph at the Gangnam-gu Seoul Gangnam Police Station Embagu Seoul, and confirmed that “F” was given the opportunity to defend himself/herself upon being notified that he/she requested a review of legality of the arrest; (b) stated “F” in the letter of confirmation of the arrest of a flagrant offender; and (c) marked the Defendant’s unmanned under his/her name.

Accordingly, for the purpose of exercising authority, the Defendant forged a letter of arrest of a flagrant offender containing part of the above F’s private document related to a certificate of fact without authority.

B. On April 25, 2014, at around 10:45, the Defendant: (a) submitted to G a police officer affiliated with the said police station, who knew of the forgery, a certificate of arrest of a flagrant offender was duly formed; and (b) exercised the certificate.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (23 pages of evidence records);

1. Statement made to D by the police;

1. A certificate (F);

1. Application of Acts and subordinate statutes to each investigation report (Evidence records, 35 pages, 37 pages);

1. Relevant provisions of the Criminal Act and Article 260(1) of the Criminal Act that apply to the crime, the choice of punishment (the point of violence, the choice of imprisonment), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the point of exercising the falsified investigative documents, the choice of imprisonment);

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

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