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(영문) 인천지방법원 2019.06.14 2019고단2182
공용서류손상등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On March 2, 2019, at around 11:50, the Defendant signed the “written confirmation of the suspect's body of arrest or detention” that was received from the police officer who was arrested as a flagrant offender of violence at the Incheon Southern-dong Police Station C District, Incheon-gu, Incheon, and then teared.

Accordingly, the defendant damaged the documents used by public offices to have their usefulness.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of a arrested or detained suspect;

1. Application of the Extradition Act

1. Relevant Article 141(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Where the reason for sentencing under Article 62 (1) of the Criminal Act (Scope of Recommendation) of the suspended sentence is the part concerning the dismissal of public prosecution in case where the value of the article that has been invalidated or destroyed is insignificant in the mitigation area (one month to eight months) (special mitigation person) of category 1 (Invalidity of Public Goods) of the suspended sentence;

1. The summary of the facts charged is that the Defendant is the spouse of the Victim E (Inn, fifty years of age) and is currently serving in divorce proceedings.

On March 2, 2019, at around 10:45, the Defendant talked about the divorce with the victim in the Namdong-gu Incheon Metropolitan City F apartment G, and came to have a dispute over the child support issue, which led the victim's head, by hand.

Accordingly, the defendant assaulted the victim.

2. The facts charged in this part of the judgment are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since the victim expressed his/her wish not to punish the defendant on May 21, 2019, after the prosecution, the victim was dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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