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(영문) 수원지방법원 안산지원 2018.11.29 2018고단2870
사서명위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a Vietnamese person who entered the Republic of Korea on January 19, 200 and currently stays in the status of industrial accident compensation (G-1-1).

On September 3, 2016, the Defendant was arrested as the current criminal of the crime of violating the Immigration Control Act by failing to present his/her passport, etc. without justifiable grounds even though he/she received a request for the submission of a passport, etc. to verify identification from the police officer of the Korea National Police Agency 1 to 3 teams of the Gyeonggi-do Special Criminal Police Agency in March 3, 2016.

On September 4, 2016, the Defendant: (a) stated “D” in the column of the statement of the suspect interrogation protocol without authority for the purpose of evading the Defendant’s punishment by undergoing an investigation into the violation of the Immigration Control Act at the information security of the Silung Police Station and other private offices of the Silung Police Station on September 12:29, 2016; (b) stated “D” in the column of the statement of the suspect interrogation protocol as if the Defendant was D (D, E); and (c) forged another’s signature by means of stamped the signature of the police officer F who is aware of such forgery on the same page; and (d) exercised the signature of the forged person by putting the police officer F who is aware of such forgery on the same page as if the duly

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (related to investigation of suspects A);

1. Application of Acts and subordinate statutes to a copy of the self-examination protocol (Evidence List 8);

1. Article 239 (1) of the Criminal Act (the point of Article 239 of the Criminal Act on the crime) and Article 239 (2) and Article 239 (1) of the Criminal Act on the crime (the point of exercising the above investigation signature);

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. The sentencing of Article 62(1) of the Act on the Suspension of Execution shall be determined by taking into account all the circumstances shown in the record, including the following circumstances, for the reasons for sentencing.

The favorable circumstances: The poor quality of the crime of false accusation in that it was revealed that others suffered damage from the imposition of a fine by the act of the defendant, although it was revealed, and that others have used the State's penal authority arbitrarily.

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