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(영문) 서울남부지방법원 2016.11.09 2016고단4655
사서명위조등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 March 2, 2016, at around 14:37, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance for about 30 minutes, such as taking a bath to the said D and taking a bath to his/her name-free customers, on the ground that the victim’s name-free operation in Geumcheon-gu Seoul Metropolitan Government (hereinafter referred to as “Seoul Geumcheon-gu”) was put in bad business.

2. 모욕 피고인은 위 1항 기재 일시 및 장소에서, 위와 같이 소란을 피우던 중 112신고 받고 출동한 서울금천경찰서 E지구대 소속 경사인 피해자 F으로부터 귀가를 권유받게 되자, 위 D과 성명불상의 손님들이 있는 자리에서, 피해자에게 “너희 같은 새끼들 잘 안다, 어디 맘대로 해봐 경찰서로 가, 내가 뭘 잘못 했냐, 체포해봐, 수갑을 채워 봐, 씨발 새끼야, 개새끼”라고 큰 소리로 욕설하여 공연히 피해자를 모욕하였다.

3. On March 22, 2016, around 21:26, the Defendant: (a) was investigated at the Criminal Service Office of the Seoul Geumcheon Police Station located in Geumcheon-gu Seoul, Seoul; (b) entered the name and resident registration number of Dong-in in lieu of the Defendant’s personal information; and (c) entered “G” at the end of the suspect interrogation protocol in lieu of the Defendant’s personal information; and (d) forged the Defendant’s signature by crying the Defendant’s personal information; and (c) presented it to H, the police officer in charge of the suspect interrogation protocol containing a forged private signature, as if it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared D and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 239 (1), 239 (2) and (1), 314 (1) and 311 of the Criminal Act applicable to the facts constituting an offense;

1. The crime of insult and the crime of interference with business as to the decision on the selection of punishment is decided 1.

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