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(영문) 수원지방법원 안양지원 2019.07.10 2019고단902
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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. On April 13, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) at around 02:45 on April 13, 2019, on the ground that the Defendant claimed an excessive amount of taxi charges while getting on and off a C taxi operated by the victim B (the age of 63) while getting on and off a taxi, the Defendant took one time at the right face of the victim.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. On April 13, 2019, the Defendant violated the Resident Registration Act: (a) around 02:50 on April 13, 2019, at the same place as indicated in paragraph (1), the Defendant informed the Defendant’s convict F resident registration number and used it unlawfully, upon the Defendant’s request for presentation of his/her resident registration number to verify himself/herself.

3. On April 13, 2019, around 03:15, the Defendant: (a) voluntarily moved to the D District D District G located in Manan-gu, Mayang-si; (b) on the form of voluntary movement agreement issued by Annyang-gu Police Station D District H affiliated with Annyang-gu, Annyang-gu, Police Station D District H, the Defendant entered the said F’s name in the confirmation column using a black-shaped pen; and (c) voluntarily signed the F in his name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of voluntary written consent in F, a private document related to a certificate of fact.

4. The Defendant, who was aware of the forgery at the same time and place as stated in paragraph (3), exercised the intent to commit a forged voluntary act as described in paragraph (3) as if it were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Voluntary written consent;

1. A report on investigation (the sequence 4,8 of evidence list);

1. Application of Acts and subordinate statutes on photograph of violence damage;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime and the Punishment of Specific Crimes for which the choice of punishment is made, and Article 37 subparagraph 10 of the Resident Registration Act, and imprisonment with prison labor for the unlawful use of resident registration numbers.

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