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(영문) 서울북부지방법원 2016.04.07 2015고단3965
공용서류무효등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of imprisonment for a period of one year shall be postponed from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 4, 2015, at around 02:45, the Defendant damaged 20,000, the Defendant: (a) at the rear apartment located in Samsung 214, the Seongbuk-gu Seoul, Seongbuk-gu, Seoul, destroyed two shuttlers for vehicles owned by the occupants of the apartment in total at the market price of KRW 660,00,000, which is owned by the occupants of the apartment and installed on the access road after the apartment without any reason.

2. 공용 서류 무효 피고인은 전항의 사유로 현행범인 체포되어 같은 날 03:40 경 서울 성북구 C에 있는 D 파출소 앞에서 서울 종 암 경찰서로 이동하기 위해 순찰차 12호 뒷 좌석에 승차한 후 대기하던 중 옆 자리에 파출소 소속 순경 E가 앉자 아무런 이유 없이 갑자기 E가 들고 있던 현행범인 체포 서, 확인 서, 피의자 신체 확인서, 체포 구속 통지서를 손으로 낚아챈 후 찢어 공용 서류 4 장을 손상하였다.

3. The Defendant interfered with the performance of official duties at around 03:45 on the same day as Paragraph 2, and at around 03:45 on the same day, he teared the official documents, and saw the disturbance to be removed from F in the process of the police box to which he belongs, at one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement with respect to G and FE;

1. Images of each damaged photograph;

1. Application of the written estimate statutes;

1. Article 141(1), Article 136(1), and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment specified for a crime detrimental to the letter of arrest of an offender who is the most serious crime among invalid documents for each public use shall be imposed);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment provided for in the crime of invalidation of documents for public use, the punishment of which is the most severe, shall be imposed);

1. Article 62(1) of the Criminal Act (see e.g., Reasons for sentencing)

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, is aware of his/her mistake at the time of committing a crime.

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