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(영문) 수원지방법원 평택지원 2019.05.09 2019고단199
공용서류손상등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On December 16, 2018, from around 02:22 to 03:05 on the same day, the Defendant interfered with the business of the victim C, operated by Pyeongtaek-si from around December 16, 2018 to around 03:05, the Defendant interfered with the operation of the victim’s inns by force by avoiding disturbance, such as: (a) the victim C, who was in Pyeongtaek-si, without any particular reason, was walking a guest room visiting other customers by drinking alcohol; and (b) the Defendant committed a disturbance, such as: (c) why he was locked to visit; and (d) whether he was locked by opening

2. On December 16, 2018, around 04:25, the Defendant damaged public documents, as indicated in paragraph (1), arrested a flagrant offender in the crime of interference with business at the Pyeongtaek Police Station located in the center of Pyeongtaek-si, which was arrested as a flagrant offender and detained in the relevant detention room. As such, the Defendant refused to sign and seal the “written confirmation of a suspect who is arrested or detained,” thereby making the process F of the Pyeongtaek Police Station’s E-police station’s signature and seal to question the Defendant about whether he/she takes clothes of health and drugs without any particular reason, and cut off the said written confirmation.

Accordingly, the Defendant damaged the documents used by the Pyeongtaek Police Station, a public office, thereby impairing its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to photographs of damaged body certificates;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 141 (1) and 314 (1) of the Criminal Act which choose a penalty;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment exceeding a fine; the fact that confessions, reflects, and does not repeat the crime in this case; the fact that victims C

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