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(영문) 창원지방법원 2013.09.24 2013고단1131
공용서류손상등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 01:30 on November 30, 2012, the Defendant obstructed the victim’s taxi business by force over about twenty (20) minutes, such as: (a) he was drunkly driven by the victim C in front of the Seongdong-gu B commercial building; and (b) he refused to pay KRW 2,680 of the taxi fare even if he arrived in front of the building at the destination, which is a destination; (c) and (d) he was able to take a bath for 20 minutes of the taxi business, even though the victim was fright to take a match; and (d) he did not open the door of the vehicle while she was sitting on the back seat.

2. 모욕, 공용서류손상 피고인은 2012. 11. 30. 02:32경 위와 같은 업무방해를 이유로 신고를 받고 출동한 경찰관들에 의하여 창원중부경찰서 F지구대로 동행되어 와 조사실 내에서 조사를 받던 중, 위 1항 기재 택시운전자인 C가 작성하고 있던 자필 진술서를 낚아 챈 다음 찢어버려 공용서류를 파손하였다.

On the part of the victim slope G who was under investigation, the Defendant openly insultingd the victim during the investigation, such as “Chewing bitch, fluor, fluor, fluor, fluoring at the bitch, fluoring fluor, fluoring in the body of the police station, which would fluort in the body of the body of the body of the body of the police station, Chewing, chewing, gluoring in the body of the official document, and gluoring if inside the body of the body of the police station,” while reporting by C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Investigation report (verification of on-site CCTV data and attachment of photographs);

1. Application of the respective Acts and subordinate statutes of H and I

1. Article 141(1) of the Criminal Act applicable to the facts constituting an offense (a point of damage to public documents), Article 314(1) of the Criminal Act (a point of interference with business), Article 311 of the Criminal Act (a point of insult) and the selection of fines, respectively;

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. The defendant with reason for sentencing under Article 334(1) of the Criminal Procedure Act is punished once as a crime of damaging public documents.

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