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(영문) 서울남부지방법원 2015.08.06 2015고단1768
공문서부정행사등
Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On November 3, 2014, at the investigation of the Geumcheon Police Station in Geumcheon-gu Seoul and the office of the first economic team, the Defendant was investigated as a suspect of a suspected crime committed against the Defendant, and thereafter, the Defendant presented the Defendant’s resident registration certificate, who was requested by the investigation police officer B to present his/her identification card, and presented his/her resident registration certificate to the Defendant.

2. The Defendant, at the same time, at the same place as the above paragraph (1), and at the same time, at the time, at the suspect interrogation protocol prepared by the police officer B, entered the above C’s name in the statement column prepared by the police officer B, and issued the suspect interrogation protocol to the police officer B who is not aware of the circumstance.

Accordingly, for the purpose of exercising, the Defendant forged the above C’s private signature, and exercised the forged private signature.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Entry that corresponds to the forgery of the police interrogation protocol prepared in the name C and the application of the existing statutes;

1. The exercise of unlawful official documents under Article 230 of the Criminal Act concerning facts constituting an offense;

(1) Article 239(1) of the Criminal Act, Article 239(1) of the Criminal Act, Article 239(2) and (1) of the Criminal Act

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. The punishment under Article 62 of the Criminal Act on the grounds of the suspended sentence is to be imposed on the crime of false investigation or signature. However, considering the motive leading up to the crime in this case, the criminal records of the defendant's transfer, the age, character and conduct of the defendant and the circumstances after the crime, all the sentencing conditions expressed in the oral proceedings, including the defendant's age, character and conduct, the suspended sentence of imprisonment is to be imposed on the defendant, taking into account the sentencing

The basic area of the sentencing criteria for the unlawful uttering of official documents (the scope of recommendations).

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