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(영문) 인천지방법원 2013.08.07 2013고단1545
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:20 on February 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) was drinking together with the victim E, who had been a guest at the D main points operated by the Defendant in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, on the ground that the victim directeds the Defendant, scambling the Defendant on the hand floor, and scamed twice the back of the Defendant on two occasions, the Defendant landed the part of the victim’s left side with beer disease, which is a dangerous object on the table.

Accordingly, the defendant assaulted the victim while carrying beer disease, which is a dangerous thing.

2. On February 18, 2013, at around 05:40 on February 18, 2013, the Defendant: (a) arrested the Defendant as a flagrant offender with the suspicion of assaulting E in the G District located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City as a flagrant offender; (b) he and his name had the same resident registration number as that of the said H (the 69-year birth).

The Defendant, who was dispatched to the site, sent the police officer the above H’s resident registration number, address, etc. to the police officer, demanded the police officer affiliated with the above patrol unit to prepare a written confirmation of arrest of flagrant offender under the name of the above H, and then stated “H” in the “verification” column as “H” with a black pen and affixed a seal to the name of the above H.

Accordingly, with the aim of exercising a certificate, the Defendant forged a certificate of arrest of flagrant offender in the name of H, which is a private document related to a certificate of fact.

3. At around 05:40 on February 18, 2013, the Defendant: (a) issued to the police officer, who was aware of the forgery in the said G District, a certificate of arrest of a flagrant offender who was forged, as seen above, and exercised the said certificate as if the document was a document duly formed.

Summary of Evidence

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

1. Statement to E by the police;

1. Application of the letter of arrest of a flagrant offender, written confirmation (H), damage, and statutes governing field photographs;

1. Article 3 (1) and Article 3 of the Punishment of Violences, etc. Act concerning a crime;

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