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(영문) 서울북부지방법원 2020.06.19 2020고단1044

사서명위조등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 폭행 피고인은 2020. 2. 8. 13:00경 서울 중랑구 B건물 지하 1층에 있는 ‘C당구장’에서 당구를 하던 중, 이를 구경하던 피해자 D(41세)가 피고인에 대하여 훈수를 두었다는 이유로 화가 나, 피해자에게 “야 이 개새끼야. 왜 끼어들어!”라는 등 욕설을 하면서 머리로 피해자의 가슴을 들이받고, 손으로 피해자의 팔과 어깨를 잡아당기고, 주먹으로 피해자의 왼뺨을 때려 피해자를 폭행하였다.

2. On February 8, 2020, the Defendant: (a) around 16:00, at the “F” restaurant parking lot located in Yongsan-gu Seoul Metropolitan Government, and (b) reported 112 as the assault case described in the above paragraph (1); and (c) was called the Defendant as the offender of the said assault case by three police boxes at the Seoul Southern Police Station, which called the Defendant as the offender of the said assault case.

At this point, the Defendant informed three of the above D et al. of the name and resident registration number of the pro-friendly I, while carrying out the work as if the Defendant was I, and voluntarily carrying out the work with the G police box located in the jurisdiction of the Jung-gu Seoul Metropolitan Government on around 16:10 of the same day, and at the above police box, stated "I" as "I without authority for the purpose of exercising the confirmation column of the voluntary acting behavior letter presented by the above D, and issued the above D as if he had duly formed the written voluntary acting letter bearing the forged signature.

Accordingly, the defendant forged I's signature for the purpose of exercising, and used forged I's signature.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Voluntary written consent;

1. Application of Acts and subordinate statutes to analyze the contents of CCTV images;

1. Relevant provisions of the Criminal Act and Articles 260 (1) (the point of violence and the choice of imprisonment), 239 (1) and (2) (the point of private signature) of the Criminal Act concerning the crime;

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

1. Article 62 of the Criminal Act: