(영문) 서울남부지방법원 2017.03.24 2016노2196

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2017.03.24 2016노2196

폭력행위등처벌에관한법률위반(공동폭행)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of fact, committed an act of assaulting the victim, and did not have an intent to commit an act of assault.

B. In light of the legal principles, the Defendant’s act of signing another person in the statement column at the end of the suspect interrogation protocol constitutes the act of forging a private document, and thus, the Defendant’s act of forging a private document and signing the above investigation is not established.

(c)

The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, namely, that the defendant did not put D while assaulting the victim, and applied the victim’s fat, the defendant fating the fat, the victim's fat, and the victim stated in the court of the court below that he had the intent of assault when the defendant fating the fat, the victim's fat, and the victim's witness witness at the time of the victim's fating did not restrain the victim's assault at the court of the court of the court below, but did not deem that the victim was only the victim's fating.

Considering the statement, the Defendant had the intent to commit assault.

The judgment of the court below is just and acceptable, and there are errors in the misapprehension of facts.

It does not appear.

B. As to the assertion of misunderstanding of legal principles, in a case where an investigative agency made a statement of a person under investigation after having the person who made the statement at the end of the protocol, had the person who made the statement sign the statement at the end of the protocol and had the person make the statement at the time of the protocol and stated another person's signature at the same time, the crime of forging a private signature and the crime of forging a signature at the same time as the signature is established (see, e.g., Supreme Court Decision 2005Do4478, Dec. 23, 2005). Thus, the court below committed the crime of forging a private signature by having the defendant who signed another person in the statement column

참조판례

-대법원 2005. 12. 23. 선고 2005도4478 판결

유사 판례

-수원지방법원 2016.08.19 2016노2329

-대구지방법원 2016.07.01 2015노3612

-창원지방법원 2018.08.29 2018고단1405

-의정부지방법원 2018.06.21 2018노169

-수원지방법원 안산지원 2017.01.24 2016고단4349