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(영문) 서울북부지방법원 2015.04.29 2015고단626
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 01:05 on February 7, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) at the main point of “C” located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and the victim D (the victim D(49 years of age) and drinking while drinking alcohol, and the victim’s right head at one time with a glass beer (the high level of about 25 cm) which is a dangerous thing on the table, and put about about about 10 meters on the part of the victim so that the victim needs not to win the treatment days.

2. On February 7, 2015, the Defendant: (a) around 03:40 on February 7, 2015, at the criminal watch room of the Seoul Nowon-gu Seoul Nowon-gu Police Station; (b) prepared an interrogation protocol as a suspected charge of committing a crime listed in paragraph (1); and (c) made it clear that he/she is a “pro-friendly E” and recorded the signature of the above E in the signature column of the interrogation protocol.

Accordingly, the Defendant forged E’s signature for the purpose of exercising the right.

3. The Defendant, at the same time and place as indicated in paragraph (2), issued a suspect interrogation protocol as if the forged signature was duly formed, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of the police statement law to D;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Violences, Article 257 (1) of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act concerning facts constituting an offense (a point of exercising a false investigation signature);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the probation and community service order are favorable to the Defendant, which is a dangerous object.

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