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(영문) 서울남부지방법원 2020.09.17 2019고단6801

공용서류손상등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 14:50 on December 8, 2019, the Defendant assaulted the victim C (the age of 46) by taking a bath at the front of Geumcheon-gu Seoul Metropolitan Government (the age of 46) without any justifiable reason, and taking the victim’s back and face by hand.

2. Around 15:50 on December 8, 2019, the Defendant damaged public documents, at the Seoul Geumcheon Police Station Ea station located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, Seoul. In relation to Paragraph 1, the Defendant presented “written confirmation of the suspect who was arrested or detained” and “written confirmation confirming whether the police officer notified the Defendant of the right to the person who was arrested or detained in a flagrant offense” and “written confirmation” in relation to Paragraph 1, thereby impairing the utility

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Records of police seizure and list of seizure;

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

1. Article 260 (1) of the Criminal Act applicable to the crime and Article 260 (1) of the Criminal Act (the point of violence on the market, the choice of imprisonment), and Article 141 (1) of the Criminal Act (the point of damage to public documents on the market, and the choice

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act, including the following circumstances, are to be taken into account: (a) the Defendant’s age, character and conduct, intelligence and environment; (b) relationship with the victim; (c) motive, means and consequence of the commission of the crime; and (d) the conditions for sentencing under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, are to be taken into

The defendant has been subject to punishment several times due to violent crimes, etc.: The defendant is judged as above on the ground that he/she has no criminal record of imprisonment during the last ten years.