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(영문) 수원지방법원 2016.06.08 2016고단1757
공용서류손상등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 April 12, 2016, the Defendant, at around 04:48, 2016, performed drinking together with the victim C (the age of 36) at the Defendant’s home located in Suwon-si, Suwon-si B and 207, and subsequently, the Defendant, who was the Defendant, carried out kimchi in order to have the Defendant returned home, went to the Defendant, and caused the Defendant’s verbal brush damage to the Defendant’s Kim brug’s water.

The defendant reported that he was waiting for an elevator at the defendant's house and waiting for an elevator in his corridor while the victim was in a dispute with the victim's end, and used her body by scambling the body of the victim and scambling it in his hand, and assaulted one time at the victim's buck.

2. The Defendant, at around 06:02 on the same day, abused his/her official document by damaging documents used by a public office, in his/her hand, while he/she arrested a flagrant offender at the police box of the Southern Police Station of the Republic of Korea as a crime of assault and confirmed related documents, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of arrest issued by the defendant;

1. Application of Acts and subordinate statutes to the scene of violence, photographs of damaged parts, and field photographs;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) concerning the crime, Article 141(1) of the Criminal Act (the point of damage to public documents) and the choice of imprisonment with prison labor;

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. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence is that the sentencing of Article 62(1) of the Act on the Suspension of Execution is limited to the case where there are grounds for special consideration for taking part in the crime in the mitigation area (one month to eight months) of the Class 1 of the Act on the Punishment of Violence (a person subject to special mitigation) [a person subject to special mitigation] [a person subject to recommendation] of the Second Crimes (a person subject to special mitigation] of the mitigated area (one month to eight months) of the mitigated area (a person subject to special mitigation) [a person subject to special mitigation] of the mitigated area (a person subject to special mitigation] of the invalidated or destroyed article is minor, the final sentencing scope for the aggravated or destroyed article: a decision of the sentence for one month to one year.

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