beta
(영문) 서울동부지방법원 2019.06.14 2019고정309

공용서류손상등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On January 15, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) around 01:25, the Defendant, while drunkly traveling in the C District located in Gwangjin-gu Seoul Special Metropolitan City as a assault incident, and was under investigation, she, while drinking for about 45 minutes, led the Defendant to a riotous act, such as, under the influence of alcohol, breading him/her to drinking D while bringing him/her to drinking, and making him/her to drinking, and, under the influence of alcohol, led him/her to a very rough and disorderly act at a public office.

2. The Defendant damaged the public document, at the time, at the place specified in paragraph 1, and at the same time and place, delivered the certificate of voluntary behavior for signature and seal from the D, and took the bath, and teared the certificate of voluntary behavior in hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Voluntary report;

1. The photograph of the damaged voluntary motion picture and the original written consent to the destruction thereof;

1. Investigation report (related to the submission of image images on the E mobile phone).

1. Application of C District CCTV CD-related Acts and subordinate statutes;

1. Relevant provisions of Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of the disturbance of cancellation by government offices), Article 141 (1) of the Criminal Act (the point of invalidity of public documents), and selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the maximum amount of both crimes] among concurrent crimes, Article 38 (1) 2, and Article 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;