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(영문) 울산지방법원 2016.11.24 2016고단2993
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On September 3, 2016, at around 22:10 on September 3, 2016, the Defendant respondeded to the victim D (28 years of age) who is an employee at a restaurant (hereinafter referred to as the “victim”) with no food in Ulsan-gu B, Ulsan-gu, for the reason that the said victim’s attitude does not lead to the mind, and assaulted the victim at one time on the part of the victim’s hand when she collected the water disease on the ground that the victim’s attitude does not lead to the mind.

2. On September 3, 2016, the Defendant: (a) committed assault against D at the office of the Ulsan Central Police Station F of the Ulsan Central Police Station F in Ulsan-gu, Ulsan-gu, and (b) on September 3, 2016; and (c) was subject to an investigation of the suspected assault by G from the circumstances where the Defendant belonged to the said police station.

When the Defendant informed the above G of his personal information, he notified the Defendant’s name and resident registration number that he would be aware of the fact that he is serving a fine as a case of violation of the Road Traffic Act, and let the above G prepare a suspect interrogation protocol of H, and signed H in the statement column of the suspect interrogation protocol at the end of the suspect interrogation protocol, and affixed the Defendant’s unmanned on the side.

Accordingly, the Defendant, without authority, forged the above H’s signature for the purpose of exercising the right.

3. The Defendant, at the same time and place as stated in paragraph (2), exercised as if he had duly formed the forged H’s signature, as stated in paragraph (2), to G who was aware of such forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the interrogation protocol in which H’s signature is forged;

1. Article 239 (1) of the Criminal Act (the point of Article 239 of the Criminal Act), Article 239 (2) and (1) of the Criminal Act (the point of exercising a false investigation or signature), and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

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 (General Considerations as follows);

1. Order of community service;

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