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(영문) 서울남부지방법원 2014.07.17 2014고단563
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.

(e).

Reasons

Punishment of the crime

1. On December 12, 2013, at least 01:40 on December 12, 2013, the Defendant: (a) arrested the face of E (18 years of age) 4 times a week at a D cafeteria located in Yangcheon-gu Seoul Metropolitan Government on the charge of assault; and (b) was subject to an investigation at the Yangcheon Police Station criminal department located in Yangcheon-gu 6 Dong 321, Yangcheon-gu, Seoul on the charge of assaulting; (c) on the premise that he could not move to the police station on his own by means of the unpaid fines; (d) tried to appropriate F’s personal information during the course of the investigation, such as using F’s resident registration number, etc.; and (e) on the same day, around 04:20 on the same day, the Defendant made a statement as “F’s suspect interrogation protocol prepared by G to request the inspection and signature of the suspect interrogation protocol; and (e) made a statement to see that he was F’s name and affix his signature to the suspect.”

Accordingly, the defendant, for the purpose of exercising his authority, forged F's signature without authority.

2. The Defendant at the time, at the place, at the latter part of paragraph (1) of the aforesaid Article, submitted the protocol of interrogation in which F’s signature was forged as if the signature was genuine, and had the above G file the forged protocol with G, thereby having the above G bound the forged protocol into the investigation record, thereby exercising the above F’s signature.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police with regard to F (11 pages);

1. Application of statutes, such as family relation certificate;

1. Article 239 (1) and (2) of the Criminal Act applicable to the relevant criminal facts;

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

1. The summary of the facts charged in the instant case, in which the dismissal of prosecution is dismissed under Article 62(1) of the Criminal Act (such as having no criminal record of imprisonment without prison labor or more, and reflecting it), is the date and place of the first head of the judgment of the Defendant.

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