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(영문) 울산지방법원 2019.08.28 2019고단1451
공용서류손상등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On March 28, 2019, at around 14:20, the Defendant was subject to control on the ground that the Defendant smoked in a smoking cessation place under the National Health Promotion Act by a public official D belonging to the Ulsanbuk-gu public health clinic.

The Defendant, while notifying D of the imposition of a fine for negligence, prepared a “written confirmation of the control fact” and committed assault, such as tearing the “written confirmation of control fact,” which is a public document necessary for the imposition of a fine under the name of the head of a public health clinic, and cutting off the control duty at another place, and cutting off the public official identification card of D and D.

Accordingly, the Defendant damaged documents used by public health clinics, which are public offices, thereby impairing their utility, and obstructed legitimate execution of duties concerning smoking control by public officials belonging to public health clinics.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Each statement in the preparation of E, F, G, and H;

1. Application of Acts and subordinate statutes to criminal investigation reports (attached images of suspects);

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

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Damage to Public Documents) [Determination of Punishment] Crimes of Obstruction of Performance of Official Duties; [No. 1] Nullity or Destruction of Public Goods (No. 1] Nullity of Public Goods (the scope of recommendations and recommendations] (the scope of recommendations and recommendations] Basic Field; imprisonment with prison labor for six months to one year;

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) [Article 1] No person shall be subject to obstruction of the performance of official duties [Article 1]/ forced performance of official duties [Article 1] [The scope of recommendation and recommendation] basic area, 6 months to 16 months.

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