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(영문) 창원지방법원 거창지원 2019.08.21 2019고단187

공용서류손상등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 13, 2019, the Defendant damaged public documents, at around 00:55, arrested a flagrant offender under suspicion of assault by E during the course of the police box of the Korea Development Police Station, dispatched to the scene C located within the Mannam Development Army B, and at around 02:18 on the same day, the Defendant teared the certificate of arrest of a flagrant offender prepared by the said E at the D police box of the Korea Development Police Station, which is located within the F of the Mannam Development Army.

Accordingly, the defendant damaged the documents used by public offices to have their usefulness.

2. No person shall make a false report on any crime or disaster to a public official who is not in violation of the Punishment of Minor Offenses Act;

On April 13, 2019, from around 01:39 to 03:37 the same day, the Defendant filed a false report on a crime committed by a public official, which does not state that “the Defendant is under violence and confinement at a police box,” calling his cellular phone to the general situation room of the Gyeongnam Police Agency.”

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and H prepared;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant provisions of the Criminal Act, Article 141(1) of the Criminal Act (a point of damage to public documents), Article 3(3)2 of the Punishment of Minor Offenses Act (a point of false reporting), and selection of fines, respectively, for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. An unfavorable circumstance for sentencing under Article 334(1) of the Criminal Procedure Act: The instant crime committed by the Defendant without being sentenced to two years of suspension of execution of official duties or damage to public goods on November 10, 2017 and without being sentenced to two years of suspension of execution, for the following reasons: (a) the Defendant committed the instant crime.