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(영문) 부산지방법원 동부지원 2018.12.06 2018고단1917
공용서류무효
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 30, 2018, the Defendant was arrested as a flagrant offender on the assault case around 05:15, and was transferred to the Busan High Police Station C District District located in Busan High-gu B, Busan High-gu, and was required to sign “a confirmation letter and a confirmation letter of the suspect of arrest” from the police officer affiliated with the above District D to sign the above documents without any justifiable reason.

Accordingly, the Defendant damaged the documents used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes on the investigative report (Attachment of invalid photographs, such as documents for public use), photographs, and screen pictures of screen pictures to be taken;

1. Article 141 of the Criminal Act applicable to the crime, Article 141 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the crime of this case is that the crime of this case was committed on the ground of assault and the arrest of a flagrant offender, who was arrested in the district and transferred to the district, and was demanded by a police officer to sign the “written confirmation of confirmation and a written confirmation of a suspect under arrest,” and thus, the crime is not good. The defendant has two times the record of being punished for damage to public goods, and in particular, on January 23, 2017, he was sentenced to two years of imprisonment with prison labor for not less than six months from the Busan District Court’s Dong branch branch, which became final and conclusive on February 1, 2017, and the crime of this case was committed without care during the period of suspension of execution.

However, it is favorable for the defendant to recognize the facts charged and reflect it, and the value of the invalidated public document is minor.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Crimes of Invalidity of Official Documents: Crimes of interference with the performance of official duties, invalidation and destruction of official goods.

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