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(영문) 서울남부지방법원 2020.05.19 2019노30
공용서류은닉등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error 1) Since the Defendant’s keeping the instant public documents on the back left of the Defendant’s vehicle is due to the improvement of the office of the National Police Agency at the time, there was no intention to conceal public documents (as to concealment of public documents). 2) The Defendant actively proceeded with the investigation while rendering a disposition not entitled to prosecution or delayed the investigation by considering that it was a case subject to suspension of prosecution, and is merely a neglect of duties, not an active abandonment of duties.

(as to the abandonment of duties). (b)

1) In light of the legal principle, the Defendant did not actively abandon his/her duties but neglected his/her duties, and thus does not constitute a crime of abandonment of duties. 2) In the event the crime of concealment of documents for public use, which is a crime of abandonment of duties, is established, the crime of abandonment of duties, which is a

C. The court below's decision on unfair sentencing: six months of imprisonment and two years of suspended execution.

2. Judgment on the mistake of facts or misapprehension of legal principles by the defendant

A. As to the concealment of public documents, there is sufficient awareness that a criminal's disturbance in the crime of concealing public documents provided by Article 141(1) of the Criminal Act is a document used by a public office to the defendant, and that the document would impair its utility by concealing it.

(see, e.g., Supreme Court Decision 2014Do14358, Feb. 26, 2015). The Defendant also asserted as the grounds for appeal in this part of the judgment below, and the lower court rejected the Defendant’s assertion in full view of the circumstances as stated in the grounds for appeal.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, that is, the defendant concealed the entrance of an envelope into the plastic bag and sealed it as a tape, and stored the documents as above.

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