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(영문) 서울북부지방법원 2017.02.09 2016고단4991
공용서류손상등
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

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

Reasons

Punishment of the crime

1. On November 6, 2016, at around 20:50, the Defendant, who obstructed the performance of official duties, assaulted the E’s chest and the parts of the breast-gu Seoul Dongdaemun-gu Police Station D, a police box affiliated with the Seoul Dongdaemun-gu Police Station D, for the purpose of hearing the case against the reporting person, while engaging in the Defendant’s desire to “I amba, I amba, I am. I am am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.”

The Defendant interfered with the legitimate performance of duties by police officers concerning the handling of reported cases.

2. The Defendant damaged public documents on the same day, around 22:45, at the Criminal Team office of the Dongdaemun-gu Seoul Dongdaemun Police Station in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, about 21-gil 29, finished the interrogation of the case that was arrested as a current offender who interfered with the performance of official duties due to the circumstances described in the preceding paragraph, and then perused the case after being transferred the protocol of interrogation of the suspect to him, and “It was made when he became aware of the police”.

As the police officer in charge of the investigation said, “The contents of the statement are possible to be corrected, talked,” and the suspect interrogation protocol was damaged by tearing it in hand.

The Defendant damaged documents used by public offices, thereby impairing their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the police statement protocol regarding E;

1. Statement;

1. Images of photographs taken by the defendant;

1. In cases of suspect interrogation protocol by the defendant;

1. Application of Acts and subordinate statutes to search place of crime;

1. Article 141(1) and Article 136(1) of the Criminal Act applicable to the facts constituting an offense;

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 (a) does not re-feasure the defendant's reflectivity, the same mistake;

(3) in this case.

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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