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(영문) 대구지방법원 2013.06.27 2013고단2864
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 00:10 on January 24, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed an act for the victim E (50 years of age) and his/her conduct and drinking in an entertainment drinking house “D” located in Gangwon-gu, and the Defendant was a victim and a trial expense, on the ground that he/she had done an act for the victim’s frankly, while drinking with his/her behavior. A beer who was a dangerous object on the table of the table in the main shop three times, was placed at the head of the victim’s body, and the victim was placed two government fests (5cm, 3cm) requiring approximately two weeks of treatment.

2. On January 24, 2013, the Defendant: (a) at the Yacheon Police Station G police box located in the Gangseo-gu Seoul Special Metropolitan City on 01:42, the Defendant: (b) stated the Defendant’s friendly H as a pen of the Defendant’s friendly H with the intent to conceal the fact that the Defendant was under interrogation of the suspect; (c) forged the Defendant’s signature for the purpose of exercising the right; and (d) continuously issued the police officer I, who is aware of the forgery, as seen above, the suspect interrogation protocol that forged the signature, which was signed, as if the document was the duly signed signature.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. The first police suspect examination protocol against the accused;

1. Statement of the police statement to J;

1. Investigation report (Attachment, etc. to On-the-spot photographs), investigation report (Recording part of the suspect E head office), investigation report (K telephone call for a witness), investigation report (the telephone call for a witness), and investigation report (the telephone call for a witness);

1. Attachment of a written diagnosis and application of statutes governing a certificate of medical treatment;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Violences, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying dangerous articles) and Article 239 (2) and (1) of the Criminal Act concerning facts constituting an offense (the occupation of forging a private signature, forging a private signature, and exercising a private investigation signature);

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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