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(영문) 부산지방법원 2015.01.22 2013고단5595
상해등
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 became final and conclusive.

Reasons

Punishment of the crime

1. On August 16, 2013, the injured Defendant: (a) around 19:30 on August 16, 2013, on the ground that the victim D (24 years of age) who was seated in the side while playing a game in the “CPC bank” located in B B of the Busan Madropo-gu, Busan (hereinafter “CPC”) opened the game with the spacker and carried out the game, the injured Defendant and the victim were spacked once as head; and (b) on the part of the victim’s left side, the victim was spacked one time in which the number of days of treatment cannot be known to the victim.

2. On August 20, 2013, at around 19:15, the Defendant: (a) at the Busan High Police Station’s office located in the Busan High Police Station located in the Busan High Police Station, the Busan High Police Station’s Office, the Busan High Police Station’s Office, the Defendant was investigated about the injury by the Defendant, and without authority, had the Defendant enter the above F’s personal information in the interrogation protocol of the Defendant as if he was F; and (b) had the above E enter the above F’s personal information in the interrogation protocol of the Defendant; (c) had the Defendant enter the interrogation protocol of the Defendant, who was unaware of the fact, and forged the above F’s signature after signing the F’s signature in the statement column at the end of the protocol; and (d) around that time, E bound the above interrogation protocol to be bound into the investigation record and exercised it.

Summary of Evidence

1. Trial records (first time);

1. An interrogation protocol of the police against the accused;

1. Statement of D police statement;

1. Application of the Act and subordinate statutes on Report of Investigation (Correction of Suspects);

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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the Criminal Act on the stay of execution

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