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(영문) 인천지방법원 2016.01.14 2015고단3785
사서명위조등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal records] On November 28, 2013, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for special larceny, etc. at the Busan District Court Branch Branch of the Incheon District Court on November 28, 2013, and the judgment became final and conclusive on December 6 of the same year.

[Criminal facts]

1. Around 03:30 on August 13, 2014, the Defendant was driving a motor 124cc obane without obtaining a driver’s license for bicycle riding on the front side of the Incheon Seo-gu Military Unit No. 202-ro, Seo-gu, Seo-gu, Incheon.

2. On October 3, 2014, around 18:05, the Defendant: (a) was investigated by the police station guards B at the Incheon Seo-ro, Seo-gu, Incheon, Seo-gu, Incheon, Seo-gu, Incheon; (b) forged C’s signature on the witness column of the interrogation protocol prepared by the above B, stating “C” in the column of the judicial police officer; and (c) presented it to the above police officer who is aware of the forgery.

Accordingly, the Defendant forged the above C’s signature for the purpose of exercising the right, and presented it to the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Official documents for modified data resulting from personal misappropriation;

1. Records of criminal trial in the first instance ( Incheon District Court No. 2014 High Court No. 23514);

1. Previous convictions: Application of a written reply to inquiry, such as criminal history (A, etc.), confirmation during the period of probation, criminal records of suspects and documents related to investigation experience;

1. Article 239(1) of the Criminal Act applicable to the facts constituting an offense (the point of Article 239(1) of the said Act), Article 239(2) and Article 239(1) of the Criminal Act (the point of exercising the aforementioned investigation’s signature), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Selection of a fine for a crime that violates the traffic laws at the option of punishment;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is under the suspension of the execution of imprisonment.

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