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(영문) 수원지방법원 2020.09.10 2020고단1419
사서명위조등
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

On July 15, 2019, at around 20:30, the Defendant was arrested in flagrant offender around 20:55 on the same day from the police officers who received 112 report because he did not pay food after eating at a “D cafeteria” restaurant operated by Suwon-gu B Victim C.

1. On July 16, 2019, around 07:40, the Defendant: (a) was investigated into the charge of fraud within the E Team office of the Suwon Police Station E Team in Suwon-si, Suwon-si, 1673, the Defendant was investigated as if he was the Defendant’s friendly “F” for the purpose of hiding the fact that he was an illegal alien; (b) followed the investigation; (c) signed the “F” in the statement column at the end of the interrogation protocol; and (d) signed the “F” in the statement column at the end of the interrogation protocol.

Accordingly, the defendant, without authority, forged F's name in the suspect interrogation protocol without authority.

2. The Defendant issued the suspect interrogation protocol whose private signature was forged at the time and place indicated in the above paragraph (1) as if he were duly formed to G of the Suwon Police Station without knowledge of the fact.

Accordingly, the defendant exercised his signature of forged F. F.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement to C by the police;

1. Investigation report (investigation into misappropriation of the F personal information of a suspect and circumstances leading to additional acknowledgement);

1. Application of Acts and subordinate statutes to each foreigner's new information inquiry service;

1. Relevant Article 239 (1) of the Criminal Act and Article 239 (2) and (1) of the Criminal Act (a point of exercising a false investigation signature) of the relevant Act concerning facts constituting an offense, the choice of punishment, and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not a good crime by forging and using the F signature while the defendant under investigation by an investigative agency was committed as if he were F.

However, the defendant committed the crime of this case.

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