logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.12.18 2017고단4058
사서명위조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 7, 2017, around 05:20, the Defendant: (a) was investigated as a person under the Punishment of Minor Offenses in Daejeon-dong, Daejeon-gu, Daejeon-dong Police Station C, Daejeon-dong, Daejeon-dong Police Station; (b) was investigated as “D” for the purpose of hiding the fact that the Defendant was discharged from a fine due to the failure to pay a fine; and (c) was investigated under the name of “D”; and (d) was marked as “D” with the color-shaped pen attached to the statement column at the end of the suspect interrogation protocol; and (d) was marked as “D” on the side.

Accordingly, for the purpose of exercising authority, the defendant has forged his signature by entering the name D in the suspect interrogation protocol without authority.

2. The Defendant, at the above time and place, issued to police officers E a written protocol of interrogation of a suspect who is not aware of the fact that the name was forged, as if the protocol was duly formed.

In this respect, the defendant exercised a forged D's signature.

Summary of Evidence

1. Statement by the defendant in court;

1. Punishment of the Minor Offenses Act: Arrest report, arrest letter, and confirmation letter;

1. A certificate of taxi receipt and investigation process;

1. The application of the legislation of each internal investigation report, investigation results, replys to inquiries;

1. Article 239 (1) and (2) of the Criminal Act applicable to the facts constituting an offense (the forgery of a private signature and the possession of a signature for the above investigation);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the punishment is not minor, such as forging a false signature even though there are many criminal records, such as the three times obstructing the execution of official duties, fraud, insult, etc., with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment shall be determined by taking into account the facts recognizing errors and all other circumstances shown in the records.

arrow