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(영문) 서울중앙지방법원 2015.04.16 2015고단555
폭행등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant: (a) around 04:00 on August 27, 2014, the Defendant: (b) boarded C in front of a sexual pharmacy located on the street of Dongjak-gu Seoul Metropolitan Government, 143, 15:5-gil, and was assaulted by the victim’s right side of the passenger one time in his/her hand on the ground that the victim was late in the settlement of taxi rate cards.

2. The Defendant violated the Resident Registration Act, at the time and place indicated in paragraph (1), asked the name and resident registration number of the relative F, who was aware of in advance, when he arrested the Defendant as a flagrant offender in the crime of assault.

3. On August 27, 2014, around 09:02, the Defendant: (a) received the examination of the Defendant in the name of the Seoul Police Station located in Dongjak-gu Seoul Metropolitan Government; (b) recorded the said F’s name in the statement column of the Defendant’s newspaper protocol without authority; and (c) forged the Defendant’s unmanned seal affixed thereon; and (d) submitted it to the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. G statements;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 260 (1) of the Criminal Act, Article 239 (1) and (2) of the Criminal Act (the act of forging a private signature and exercising a false investigation or signature) concerning facts constituting an offense, Article 37 subparagraph 10 of the Resident Registration Act (the act of illegally using a resident registration number and the choice of imprisonment);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution may lead to confusion of investigation agencies with regard to the identity of the offender by using another person's resident registration number that the defendant was aware of his/her reputation when he/she received the investigation of the assault case and thereby causing confusion to investigation agencies with regard to the identity of the offender and causing false criminal power to the other person. However, it cannot be said that the defendant is the initial offender, and the principal offender

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