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(영문) 대구지방법원 2017.05.25 2017고단973
사서명위조등
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 28, 2016, the Defendant: (a) was under the influence of alcohol in front of the D convenience store located in Daegu-gu Dong-gu, Daegu-dong-gu, Daegu-gu, for the Defendant’s damage to property; and (b) was arguing that the Defendant reported to 112 by the victim FF, thereby gathering a glass bottle on the between the trop of the G trop and the between the trop of the troped passenger car owned by the Defendant, and then damaged the Defendant’s damage to the amount of KRW 1,40,210 for the repair cost by cutting off the trop.

2. On December 29, 2016, the Defendant: (a) voluntarily accompanied the Defendant to undergo an investigation related to the damage of the said property in the I District located in Daegu-gu, Daegu-gu, Daegu-gu; (b) signed the Defendant’s name in his/her own column of the Defendant’s letter of voluntary accompanying signature and forged the Defendant’s signature in K; and (c) issued the Defendant’s letter of voluntary accompanying signature in which the forged signature was written, as if the signature was duly duly signed by the J, as seen supra.

Accordingly, the defendant forged the K's signature for the purpose of exercising the right, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Voluntary accompanying reports, investigation reports (a written estimate attached to the cost of repairing the victim F submitted), and investigation reports (a suspect K A’s correction of personal information) on the person suspected of being accused of the case subject to damage to property;

1. Voluntary consent to accompany;

1. Application of Acts and subordinate statutes on damaged photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of signing a private signature), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of exercising the signature of 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The nature of the crime in light of the background and method of the instant crime, etc. In addition, it is difficult for the Defendant to have been punished for violent crimes.

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