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(영문) 서울서부지방법원 2017.02.08 2016고단3829
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On October 15, 2016, at around 23:08, the injured Defendant: (a) viewed the victim D (61) who smoked in a restaurant parking lot operated by the victim D in Mapo-gu Seoul Metropolitan Government, at the “E cafeteria parking lot; (b) opened the victim’s cocon part in twice with the victim’s own drinking; and (c) laid down the victim’s left part of the victim’s chest with approximately 6 weeks of medical treatment; and (d) laid down the victim’s batf at approximately 7, the left part of the victim’s chest, the victim’s batf at approximately 8 weeks of medical treatment.

2. Counterfeiting a private signature and exercising a signature on the investigation;

A. On October 18, 2016, the Defendant, at the Defendant’s home room located in Mapo-gu Seoul, Mapo-gu, Seoul, signed a written statement to the effect that “G” was signed at the end of the written statement, without authority, for the purpose of exercising the right, and forged the Defendant’s signature by signing it at the end of the written statement to the effect that “G” is “G” with a knife, knife, knife, knife, knife, knife, knife, and knife,

B. On November 10, 2016, the Defendant was investigated as the victim of an injury at the Seoul Mapo Police Station-type and the Seoul Mapo Police Station-type 4 Team office, and was not aware of the fact, submitted to the police officer in charge the written statement stating the signature of the forged G as if it were duly formed, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 239(1) of the Criminal Act (the point of signature of the company), Article 239(2) and Article 239(1) of the Criminal Act (the point of exercising the above-mentioned signature) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The nature of the crime is good, such as by assaulting the victim without any reason for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation, and by submitting a statement containing false facts to the investigation agency to be mitigated or exempted.

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