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(영문) 부산지방법원 2015.05.21 2014고단9294
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 19, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) caused injury to the victim, i.e., the victim C (Nam, 47 years of age) and the victim C, while drinking alcohol at the 48 (Gupo-dong), and the victim C, a dangerous object without any justifiable reason while drinking alcohol, and the victim’s maths were laid off once, and the victim’s maths were frighted by other frighties, which are dangerous objects to the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright

2. On September 19, 2014, the Defendant: (a) around 22:25, 2014, at the criminal office and office of the Busan Northern Police Station located in Busan Northern-dong, Busan-gu, Busan-do, Busan-do, where the Defendant: (b) was arrested as a flagrant offender due to the act of inflicting injury upon the Defendant’s taking the Defendant as a small-scale illness; (c) was arrested as a flagrant offender; (d) notified the police officer of D’s name and resident registration number as if he was D; and (d) was examined as the suspect, and without authority, marked “D” in the statement column at the end of the suspect interrogation protocol and marked the Defendant’s unmanned on the following.

The Defendant, without authority, forged the above D’s signature for the purpose of exercising such rights.

3. The Defendant, at the time, place, etc. under paragraph (2) of the facts charged, submitted to the police officer in charge the protocol of interrogation of the suspect under the above D who forged his signature as above, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Statement to C by the police;

1. Damage photographs;

1. Application of Acts and subordinate statutes to a report on investigation (No. 6 and 7 of the evidence list);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Articles 257 (1) and 239 (1) and (2) of the Criminal Act;

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

1. Discretionary mitigation;

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