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(영문) 서울남부지방법원 2018.06.04 2018고단1202
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On January 27, 2018, the Defendant: (a) around 04:45 on January 27, 2018, the victim C (52 tax) located in Gangseo-gu Seoul Metropolitan Government was placed in time in the course of refunding in the hotel D operated by the victim C (52) and was prevented from smoking from the victim; and (b) the Defendant committed assault by cutting back the victim’s back and pushing it.

2. On January 27, 2018, the Defendant violated the Resident Registration Act: (a) around 05:00, at the time of voluntary accompanying of the Defendant as a assault case in front of the above hotel D on January 27, 2018; (b) stated the Defendant’s resident registration number of G who is a kind of friendly student of the Defendant, and (c) took place as if she was G, and used another person’s resident registration number unlawfully.

3. The Defendant, as seen above, voluntarily accompanied to the E District Team of the Seoul Gangseo-gu Seoul Police Station, at around the time of paragraph 2, conducted as if he was a friendly G principal in the process of preparing a voluntary accompanying consent, and signed the “self” column of the above voluntary accompanying consent, and submitted it to F police officers belonging to the said District, who did not know it.

Accordingly, the Defendant forged the signature of G with the intention of exercising the right, and exercised the forged signature of G.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Voluntary report of accompanying and written consent to accompanying;

1. Application of Acts and subordinate statutes on investigation reports (Correction of suspect status and addition of suspect registration);

1. Relevant legal provisions of the Criminal Act and Article 260(1) of the Criminal Act (the point of assault and assault, the choice of imprisonment), Article 239(1) (the point of private signature), Article 239(2) and Article 239(1) (the point of exercising the above investigation signature) of the Criminal Act concerning facts constituting an offense, and Article 37 subparag. 10 (the point of illegally using resident registration numbers and the choice of imprisonment with labor) of the Resident Registration Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant with reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order committed the instant assault crime while he/she was commissioned as a fine unpaid due to the assault crime, and he/she also received a report.

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