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(영문) 부산지방법원 2013.11.06 2012고단9856
상해등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 17, 2012, at around 01:55, the injured Defendant: (a) was in a city with the victim E (ma, 36 years of age) in Busan Dong-gu C, Busan, and was in sight of the victim’s breath, thereby provokinging the victim’s face; and (b) had the victim’s face by drinking, the injured Defendant laid the victim’s eye on the right side of the treatment days unexplosive in the treatment days.

2. At around 05:40 on July 17, 2012, the Defendant: (a) signed the “F” name, without authority, to the confirmation seal of the certificate of arrest of flagrant offender with a view to exercising criminal punishment at the criminal room of the Busan East Police Station; and (b) signed the “F” without authority without the authority of the person who made the statement of the suspect protocol prepared by the Busan East Police Station, and then forged the signature by signing the “F” without authority.

3. The Defendant, as described in paragraph 2, submitted a forged written confirmation to a slope H who is unaware of the fact, and submitted the protocol of interrogation of a suspect to a slope G who is unaware of the fact, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F and E;

1. Certificates of medical treatment;

1. The letter of arrest of a flagrant offender, written confirmation, notice of arrest or detention, etc. (F);

1. Notification of requests for fingerprint search results, family relation certificate, and resident registration card;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) and (1) of the Criminal Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grace period shall be a long-term period in consideration of reflectivity, minor damage, etc.);

1. It is so decided as per Disposition for the reason of above Article 62-2 of the Criminal Act of the community service order (the suspension of execution due to the obstruction of performance of official duties and the previous convictions

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