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(영문) 서울중앙지방법원 2015.12.29 2015고단4060
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 03:50 on June 14, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and caused injury to the victim due to the number of days of treatment in which the victim E (33 years of age) took the marier’s disease, which is a dangerous thing on his/her customer, while making the marier’s marier’s marith and the marith’s marith of the victim’s head at one time, and caused injury to the victim.

2. The Defendant causing property damage, at the time and place set forth in the above 1.1. paragraph, was in dispute with the Defendant’s female-friendly implements, and damaged the victim F’s market price of 350,000 won by putting a beer with a beer.

3. On June 17, 2015, the Defendant forged a private signature: (a) around 18:25, the Defendant was subject to the investigation of the instant case from G at the Seoul Gangnam Police Station and the Criminal 2 Team office located in the Gangnam-gu Seoul Gangseo-ro 113 KHro 12-ro, Gangnam-gu, Seoul.

When the defendant informs the above G of his personal information, he could be aware of the fact that he is serving a fine as a case of violation of the Road Traffic Act, and notified the defendant's birth H's name and resident registration number to the above G, and made the above G prepare an interrogation protocol of H, and signed H in the statement column at the end of the interrogation protocol of suspect interrogation.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. A written statement of I;

1. Reporting on investigation (locating the amount of damage);

1. Entry of the police suspect interrogation protocol against the accused and the presence of such protocol (a counterfeited part of private signature);

1. Application of Acts and subordinate statutes governing field documentary evidence photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. The occupation of an injury to carry dangerous articles: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257 of the Criminal Act.

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