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(영문) 서울남부지방법원 2013.07.09 2013고정1772
공용서류무효등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant, at around 05:10 on March 24, 2013, was suspected of having not paid taxi expenses at the office of the economic team of the Gwangjin Police Station located in 418 Dongsan-si, Gwangju-si, and on the suspicion that he did not pay taxi expenses, and on the ground that the contents indicated in the Defendant’s newspaper protocol cannot be acknowledged during the process of examining the investigation conducted by the light captain B of the above police station and inspecting the Defendant’s newspaper protocol, the Defendant laid down the instant Defendant’s newspaper protocol on the floor.

Accordingly, the defendant damaged documents used by public offices.

2. At around 05:30 on March 24, 2013, the Defendant: (a) received a warning of the Defendant’s newspaper protocol from the head of the economic team of the relevant Mine Police Station; (b) the Defendant expressed that “I ambling the Defendant’s newspaper protocol “I do not have a parent, so you do not have to do so, she do not have to do so; (c) I ambling the Defendant’s son’s face.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the investigation and handling of police officers' cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs at the time of damage to public documents;

1. Relevant Article 141(1) and Article 136(1) of the Criminal Act concerning criminal facts, the choice of a fine for negligence, and the choice of a fine for negligence;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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