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(영문) 창원지방법원 2016.08.02 2016고단1389
사문서위조등
Text

A defendant shall be punished by imprisonment for six 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

On May 5, 2016, the Defendant: (a) around 03:11, at the regional police station located in Kimhae-si, Kimhae-si, Kim Jong-si, Kim Jong-si, and (b) at around 02:10 on the same day, the Defendant was aware that he was in arrears of a fine after voluntarily present to undergo an investigation as a person who was the victim of the assault case against B, which occurred in around 02:10 on the same day; (b) the Defendant presented the name and resident registration number of the police officer requesting the presentation of personal information to the police officer who requested the presentation of personal information; and (c) forged one copy of the voluntary accompanying consent in the name of C on the proof of facts for the purpose of exercising the signature “C” in the column for confirmation of the voluntary accompanying consent; and (d) issued the above police officer who was

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Reports on internal accidents and reports on voluntary accompanying of persons suspected of assault;

1. Application of statutes governing voluntary consent to accompanying;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the choice of imprisonment with prison labor;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] : In cases where social risks have not been realized because the ultimate purpose of the mitigation area (one month to one year) (i.e., fabrication, alteration, etc. of private documents) is not achieved due to the failure to achieve the ultimate objective of the crime (i.e., a decision of sentencing] ; in cases where a crime is not committed by forging or uttering a private document by gathering without permission another person’s personal information in order to avoid the occurrence of the occurrence of a violation of penalty, the crime shall not be negligible; Provided, That the execution of the punishment shall be suspended in consideration of the fact that there is no previous conviction exceeding the fine and the fact that there is a misunderstanding of errors;

b. The sentencing conditions shown in the arguments, such as the Defendant’s age, sex, family environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

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