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(영문) 서울남부지방법원 2019.06.18 2018고단4501
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On August 17, 2018, at around 12:15, the Defendant, under the influence of alcohol to the victim C (the age of 65) who was seated on the street in front of Guro-gu Seoul Metropolitan Government, and committed assault, such as gathering the victim’s head debt and skeing the victim’s chest by hand, raising the victim’s chest on three occasions due to drinking, raising the victim’s breast on three occasions, and booming the victim’s baby on the street.

2. On August 17, 2018, around 16:21, the Defendant was investigated as the suspect of the assault case in the Seoul Guro-gu Police Station D party room located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, Seoul, as well as the suspect, and was investigated under the name of E as “E” for the purpose of hiding it. After undergoing an investigation under the name of E as if he was the suspect for the purpose of hiding it, the Defendant indicated the “E” as “E” and affixed a seal to the statement column at the end of the interrogation protocol of suspect suspect, using a black pen.

Accordingly, the defendant, without authority, forged his signature by entering the name E in the suspect interrogation protocol without authority.

3. The Defendant issued the suspect interrogation protocol whose private signature was forged at the above time and at the above place to F of the Seoul Guro Police Station as if they were duly formed.

Accordingly, the defendant exercised his forged E's signature.

Summary of Evidence

1. An interrogation protocol of the police against the accused (second time);

1. Examination protocol of the police suspect against the accused (a suspect interrogation protocol containing the name of the accused E);

1. C’s statement;

1. Application of Acts and subordinate statutes to report on investigation (verification of photographs taken on a suspect's cell phone);

1. Relevant provisions of the Criminal Act, Article 260 (1) of the Criminal Act that applies to the crime, the choice of punishment (the point of violence, the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of private signature), Article 239 (2) and (1) of the Criminal Act;

1. The Criminal Act among concurrent crimes.

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