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(영문) 인천지방법원 2018.10.31 2018고단6401
공용서류무효등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 21, 2018, at around 21:30, the Defendant obstructed the business of the victim’s restaurant business by force over about 30 minutes and obstructing the victim’s restaurant business by putting the victim’s “D” restaurant operated by the victim C, which is located in Seo-gu Incheon Metropolitan City, avoiding the disturbance of large interest, and returning to the restaurant. In addition, the Defendant continued to collect trial expenses from other customers in the restaurant, thereby obstructing the victim’s restaurant business by force.

2. On June 22, 2018, when the Defendant was arrested as a flagrant offender for the same reason as Paragraph 1, and was transferred to the Fdistrict of the Seo-gu Incheon Seo-gu Police Station in Seo-gu, Seo-gu, Incheon on June 22, 2018, the Defendant, who received a request for signature and seal from G to obtain a written confirmation of the suspect’s body from the police officer of the Seo-gu, Seo-gu, Incheon, for the signature and seal on the suspect’s body, “the society was brupted” and damaged two copies of the official document by tearing the written confirmation of the suspect’s body and confirmation cited by the above G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of Acts and subordinate statutes to written confirmation of the body of the arrested suspect and photographic documents;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (the invalidation of documents for public use), Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment for each crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. For the reason of sentencing in Article 62-2 of the Criminal Act, the first crime (Interference with the performance of official duties) for the reason of sentencing in Article 62-2 of the Order to Attend a lecture [the scope of recommended punishment] ] The scope of final sentence for the aggravation of multiple crimes where the degree of power, deceptive scheme, or the degree of obstruction of official duties is minor, the following circumstances are as follows: one month to one year [the sentence] for the invalidation and destruction of public goods (the invalidation of public goods) / [the value of goods invalidated and destroyed and damaged] for the mitigation area (one month to eight months] for the second crime (the scope of recommended punishment] (one month to eight months), for the mitigation area (the scope of interference with business] for the mitigation area (one month to one year) for the crime (the decision of sentence].

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