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(영문) 대구지방법원 2017.05.23 2017고단1264
공용서류손상등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ joint crime committed on January 4, 2017: (a) around 02:40, the Defendants were unable to smoke in the restaurant while drinking alcohol within the “D” restaurant located in Daegu-gu, Daegu-gu; (b) Defendant B was unable to smoke in the restaurant; and (c) Defendant E (30) the victim E (30) who served a meal on the next table and smoked.

The time has come to be urgent.

At this time, Defendant B, who was able to carry a fluent tobacco, which is a dangerous object used in his hand, entered the clothes of the victim E, and Defendant A, as he cited in the test blap, threatened the victim E, and collected physical disease on the table, and was in line with the left part of the victim F (F, 30 years old) who was the wife of the above E.

Accordingly, the Defendants jointly committed violence against the victims by carrying dangerous articles.

2. Defendant A, at around 03:12 on the same day, was voluntarily accompanied by the assault described in paragraph 1 at the office of H District Police Station of the Daegu Southern-gu Police Station located in G, Daegu-gu, and was demanded by Defendant A to sign a written consent for voluntary accompanying from a slope who is a police official.

이때 피고인은 경찰관에게 “ 뭐꼬! 한번 보자 이 씨 팔!” 이라고 욕설하며 자신이 건네받은 임의 동행 동의서를 손으로 구겨 찢어 버리고, 자신의 옆에 놓여 있던

B The consent form of voluntary accompanying was teared in the same manner.

Accordingly, the defendant damaged the use of two copies of the voluntary accompanying consent, which is a document used by public offices.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement with respect to E, F, and I;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. In the application of the investigation report (two copies of a damaged voluntary accompanying motion), investigation report (Attachment to D cafeteria CCTV images CDs and caps and photographs by cutting them), investigation report (Attachment to CCTV images CDs and caps that damage the A’s voluntary accompanying motion), and the application of the video-related Acts and subordinate statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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