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(영문) 서울서부지방법원 2017.09.26 2017고단1626

A defendant shall be punished by imprisonment for six months.

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.


Punishment of the crime

around 01:00 on February 11, 2017, the Defendant was arrested in the act of committing an act of assaulting the employees of the said club at “C” on the second basement B in Mapo-gu Seoul.

At around 05:56 on the same day, when the Defendant was investigated as the suspect of the assault case at the 2 Team office of the Mapo Police Station in Mapo-gu Seoul, Seoul, the Defendant: (a) had the suspect of the assault case; (b) had the intent to gather pro-friendly DNA personal information in order to conceal the fact that the Defendant had been serving as the suspect; (c) had the suspect under interrogation, signed the signature of “D” in the column of the person who made a statement at the end of the suspect interrogation protocol, and submitted it to the investigation agency.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of arrest of a flagrant offender (D), confirmation (D);

1. Entry in a protocol of interrogation of a suspect of the police (a list No. 8) whose name has been forged, and the presence of such protocol;

1. Application of Acts and subordinate statutes of the investigative report (the No. 19,20,21,25 of the evidence list);

1. Article 239(1) of the Criminal Act (the point of Article 239 of the Criminal Act on the crime), Article 239(2) and Article 239(1) of the Criminal Act (the point of exercising the above investigation’s signature) of the same Act on the crime, and the choice of imprisonment with prison labor

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 reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, is that the Defendant committed the crime in order to conceal the fact that he/she was sentenced to a fine on several occasions and to conceal his/her identity, and that he/she committed the crime again despite the fact that he/she committed the crime even though he/she had a number of criminal records, is disadvantageous.

Provided, That the punishment shall be determined as ordered by considering the circumstances favorable to the defendant's wrongness, and all kinds of sentencing factors, such as the background leading to other crimes, age, sex, environment, etc. of the defendant.