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(영문) 서울동부지방법원 2015.04.01 2015고단36
상해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 10, 2014, around 23:30 on October 23, 2014, the Defendant: (a) was at the C main store located in Seongdong-gu Seoul, Seongdong-gu, Seoul, for the reason that he was shouldered with the victim D (Nam, 41 years of age) who had drinking alcohol; and (b) was at the time of drinking, making it possible for the Defendant to enter the victim by drinking.

As a result, the Defendant inflicted an injury on the victim, such as leaving one front of the right.

2. On October 11, 2014, at around 03:20 on October 11, 2014, the Defendant arrested the case of injury under paragraph (1) as an offender in the act of committing an act of committing an injury at the F police box located in Seongdong-gu Seoul, Seongdong-gu, Seoul, and carried out the name of “G” in the column of confirmation of the confirmation document and carried out the name on the side.

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

3. The Defendant, at the time, and at the place specified in Paragraph 2, exercised a letter of confirmation stating the signature of the forged G, to the police box staff who was aware of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. A certificate;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment) and Article 239 (1) and (2) of the Criminal Act (the point of private signature, forgery and exercise) of the relevant Act

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

1. Where the reason for sentencing under Article 62(1) of the Criminal Act (not unilaterally assaults the victim, but the case occurred in the process of covering the victim, the defendant is against each other, and the agreement is reached with the victim, etc.) of the Act on the Suspension of Execution (the scope of recommending punishment) is the mitigated area (2-1 year), the mitigated area (2-1 year), the punishment not to be imposed (including any advanced effort to recover damage), or considerable damage has been restored (the decision of sentencing) (the decision of sentencing is made), together with the reasons mentioned above, and the facts that the crime such as the fabrication of a private signature or forgery without sentencing guidelines is concurrent crimes, the order and punishment shall be sentenced.

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