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(영문) 인천지방법원 부천지원 2016.11.29 2016고단2579
사서명위조등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 8, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Central District Court on July 8, 2014, and on May 25, 2015, the Defendant completed the enforcement of the sentence.

1. On May 29, 2016, around 01:30 on May 29, 2016, the Defendant: (a) assaulted the victim C’s “D” in the Mapo-gu Seoul Mapo-gu Management; (b) obstructed the Defendant’s performance of alcohol; and (c) obstructed the Defendant’s disturbance, such as assaulting the victim and his customers by a large sound that “Is bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch.” The Defendant obstructed other customers from using the said toilet; and (d) obstructed the entrance of the said club by preventing them from having access to the customers.

Accordingly, the defendant interfered with the victim's club business management by force.

2. At around 02:00 on the same day, the Defendant: (a) discovered a flagrant offender in the F District located in Mapo-gu Seoul, Seoul; (b) discovered a charge of interference with the duties set forth in paragraph (1); and (c) discovered a charge of interference with the duties set forth in paragraph (1); (d) discovered that a fine was imposed; and (e) concealed the charge, known the Defendant’s resident registration number to the police officer G while committing the Defendant’s penal act; (b) signed the H in the confirmation column of the arrest certificate of a flagrant offender; and (c) submitted the certificate of the arrest of the flagrant offender to the said G, who is aware of the forgery of the signature.

Accordingly, the defendant forged H's signature for the purpose of exercising it, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. C police statement (list 5);

1. A certificate (list 2);

1. A report on investigation (list 8);

1. Previous convictions indicated in the judgment: Criminal records (list 9), and the application of Acts and subordinate statutes of the confinement inquiry (list 13);

1. Relevant laws concerning facts constituting an offense, Article 314 (1) of the Criminal Act that prescribes the punishment, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act, and Article 239 (2) and (1) of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

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

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