(영문) 서울중앙지방법원 2014.01.10 2013고정5383

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(영문) 서울중앙지방법원 2014.01.10 2013고정5383

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On June 15, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint assault) committed assault against the victim by misunderstanding that the victim E (the age of 35) and the victim was taken with his cell phone in front of the 8-dong, Gwanak-gu, Seoul Special Metropolitan City, along with D around 01:40, while she was in motion with D, and committed assault against the victim.

2. Around 04:00 on June 15, 2013, the Defendant prepared a written complaint to the effect that he insultd himself within the G District of the Seoul Geumcheon Police Station G District, Geumcheon-gu Seoul, Seoul, without authority, for the purpose of uttering of private documents, and then forged one copy of the complaint under the name of H by stating the Defendant’s personal information and signing it by signing it. In other words, the Defendant submitted one copy of the complaint to the police officer working in the said district as if he was the one prepared by the H normally.

Accordingly, the defendant forged a complaint, which is a private document on the proof of facts, and exercised it.

3. As the Defendant was arrested as a flagrant offender committing a violation of the Punishment of Violences, etc. Act (joint assault) at the time and place specified in paragraph (2), the Defendant forged the part of the letter of arrest of a flagrant offender and submitted it to the police officer as if he was prepared by H in a normal manner by stating that he/she was H in the letter of arrest of a flagrant offender and affixing his/her seal.

Accordingly, for the purpose of exercising, the Defendant forged the H’s private signature and exercised it.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Each police suspect examination protocol with respect to E or D (excluding part of the police suspect examination protocol regarding D);

1. Each description of the letter of arrest of a flagrant offender and the letter of complaint (H) and the application of the relevant existing Acts and subordinate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

참조조문

-폭력행위 등 처벌에 관한 법률

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