공용물건손상미수등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On September 30, 2017, the Defendant attempted to impair the utility of the patrol car parked on the front of the restaurant by a police officer D, who was dispatched after receiving a report from 112, to take out the restaurant and use it for returning home on September 16, 2017 at the 'C' restaurant located in Busan Sho-gu B, Busan, the Defendant attempted to bring it out once again on the back of the driver's seat of the patrol car parked on the front of the restaurant, but failed to do so.
2. The Defendant interfered with the performance of official duties, at the same time, at the same time as in the preceding paragraph, and at the same place as in the foregoing police officer D, and committed assault by assaulting D’s right-hand bucks, such as drinking bucks twice, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of the reported case.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D or E;
1. Application of the Act and subordinate statutes to a criminal investigation report (to attach ctv materials at the scene of crime);
1. Relevant legal provisions concerning criminal facts, Articles 143 and 141(1) of the Criminal Act (the attempted crime of damage to goods for public use) concerning the selection of punishment, Article 136(1) of the Criminal Act (the point of performing duties) and the choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act, assaulting a police officer to perform official duties by putting the reason for sentencing, is not likely to hinder the exercise of legitimate public authority that should be strictly executed, and the degree of assault is not weak.
However, in full view of the fact that the defendant is against the crime of this case, the first offender who has no record of the crime of this case, the age, sex, environment, motive and background leading to the crime of this case, the method and consequence of the crime of this case, and all of the sentencing conditions in the arguments of this case and the records, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.