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(영문) 서울남부지방법원 2017.09.22 2017고단2234
폭행등
Text

A defendant shall be punished by imprisonment for six 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

On May 26, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Railroad Safety Act at the Seoul Southern District Court on June 3, 2017 and the said judgment became final and conclusive on June 3, 2017.

1. On May 3, 2017, at around 19:06, the Defendant used the vehicle on the front side of D in Yeongdeungpo-gu Seoul Metropolitan Government, where the victim B (25 years old) traveling along the vehicle, and caused the Defendant to flick on the road, to open the vehicle door of the said victim, and to flick the victim with his left hand, and to flick the victim’s left hand, and assaulted the victim’s left face on the vehicle.

2. The Defendant violated the Resident Registration Act, upon receiving a report at the above date and time, and at the above place 112, revealed the number of names given by the police officer upon receiving a request for personal information from the police officer, and thus, notified the Defendant’s East E resident registration number (F) and used another person’s resident registration number unlawfully.

3. On May 3, 2017, around 20:29, the Defendant: (a) notified the police officer of the foregoing E’s personal information at the office of the Seoul Yeongdeungpo-gu Police Station located in 608 as the National Assembly of Yeongdeungpo-gu Seoul National Assembly; and (b) notified the police officer of the fact that he/she was designated after being investigated due to paragraph (1); (c) stated the above E’s personal information in the statement column of the suspect interrogation protocol for the purpose of exercising the right, and submitted it to the police officer without knowledge of the fact.

Accordingly, for the purpose of exercising, the Defendant forged the signature of E and exercised it.

Summary of Evidence

1. Previous offense: A written reply to inquiry, such as criminal history, (A) investigation report (final report of judgment), - one copy of the judgment of Seoul Southern District Court 2016 High Court 2016 High Court 5854, and one copy of the search output of the KICS integrated case;

1. Statement by the defendant in court;

1. A written statement of damage B;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes on investigation reports (revision of a suspect due to personal misappropriation);

1. Article 260(1) of the Criminal Act of the corresponding Article 260 of the Criminal Act concerning the facts constituting the crime(s) and the Act on the Registration of Residents.

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