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(영문) 제주지방법원 2015.06.04 2015고단300

공용서류손상등

Text

A defendant shall be punished by imprisonment for six 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

On February 3, 2015, around 19:40, the Defendant did not get off the taxi in front of the “D” located in Jeju-si, and received a report from a taxi engineer, and controlled the police officer dispatched to the police station to illegally throw away the cigarette butts, and received an investigation.

The defendant confirmed that he was well-friendly E's personal information, and again claimed that he was not E but A, due to the default of fine.

1. On February 3, 2015, at around 22:15, the Defendant damaged public documents, at the criminal2 team office of the Jeju East Police Station in the Jeju Dong-dong Police Station in Dong-do 2, the Defendant was requested to have fingerprints confirmed from G of the Gyeongdong Police Station F District in the Jeju Dong-dong Police Station as the foregoing circumstances, and the above G compilation’s fine receipt and arrest report, the confirmation letter of the preparation of the slope I belonging to the same police station, and the notification of the execution and arrest of the warrant of execution of the warrant of execution by the J of the police station belonging to the same police station were cut down in his/her hand.

As a result, the defendant damaged the documents in Chapter 3, such as a fine receipt, arrest report, confirmation, execution of warrant of execution and arrest notification, etc. of police officers prepared by public offices.

2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 위 G 경장으로부터 재차 신원 확인을 요구받자 화를 내며 손으로 G의 가슴 부위를 2회 밀치고 발로 G의 허벅지를 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Relevant photographs;

1. A report on the arrest of a fine recipient, written confirmation, and a notice of execution and arrest of warrant of execution;

1. Application of the Acts and subordinate statutes to investigative reports (to attachCCTV images to them);

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Article 141(1) of the Criminal Act and Article 136(1) of the Criminal Act; the choice of imprisonment with prison labor;

1. Concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act;