beta
(영문) 창원지방법원 2014.08.29 2014고단1034

공용서류손상등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant damaged public documents for about 35 minutes from April 8, 2014 to April 02:25, 2014, the Defendant avoided disturbance for about 35 minutes from the Changwon Police Station C District of the Changwon Police Station in the window B of the Changwon Police Station of the Changwonwon, which was in the window B of the Changwon city from around 01:25 to 02:00 on the same day.

On the same day, at around 02:05, a police officer belonging to the above District E, issued a notice for the payment of a penalty in violation of the Punishment of Minor Offenses Act due to disturbance of alcohol to the defendant and sent it above the book. The defendant saw the notice as a hand and damaged the notice for payment of the above penalty, which is a document used by a public office.

2. At around 02:20 of the date mentioned in the above Paragraph (1) above, the Defendant: (a) arrested the Defendant as a flagrant offender in the crime of damaging public documents by committing the act like the mentioned act at the above Zone; (b) thereafter, during about 35 minutes from that point of time, the Defendant abused the police officer E by threatening, such as “tacking, chewing, killing, killing, leaving, leaving, leaving, leaving, and leaving,” and assaulting E’s head, arms, etc. on several occasions.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 1 to 4 of the evidence list submitted by the prosecutor

1. Relevant Articles of the Criminal Act and the choice of punishment for the obstruction of performance of official duties (Article 136(1) of the Criminal Act), damage to public documents (Article 141(1) of the Criminal Act), and choice of imprisonment for each crime;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is confessions and reflects by the defendant, and even though the defendant was under the influence of alcohol at the time of the case, despite the detention of the police officer who performed his/her official duties, the method of crime is very high, such as spiting, spiting, spiting, or taking a bath against the police officer in order to issue a notice for payment of penalty.