Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
(1) The Defendant was sentenced to six months of imprisonment with prison labor at Jeju District Court on August 30, 2012, and the detention was revoked at Jeju Prison on January 7, 2013, and the judgment became final and conclusive on April 26, 2013.
[Criminal Facts]
1. 공용 물건 손상 피고인은 2015. 12. 18. 23:40 경 제주 제주시 C에 있는 D 식당 앞에서 강도를 당하였다는 취지의 피고인의 허위신고를 받고 출동한 제주 서부 경찰서 소속 경위 E, 순경 F가 사건 경위를 묻자 술에 취해 욕설을 하며 위 제주 서부 경찰서 112 순찰차량의 오른쪽 앞 펜더 부분을 발로 걷어 차 방향지시 등이 부숴지게 하는 등으로 공용 물건을 손상하였다.
2. The Defendant interfered with the performance of official duties, at the time, at the same time, and at the same place as above, and obstructed the police officer’s legitimate performance of duties concerning the duty of 112 reporting and the maintenance of public order and security on the ground that he/she takes a bath of the above E’s face with drinking her, and continues to walk the above F’s hand with his/her hand.
3. The injured Defendant, at the time and at the place of paragraph 2, sustained the victim’s loss by walking the victim F(37 years)’s loss, and caused the loss to the left hand, thereby causing the victim to suffer an incurable injury in the number of days of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A E-document;
1. A statement of 112 Report and a statement of 112 Report processing;
1. A damaged photograph;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the date of release and copy of the judgment);
1. Article 141(1) of the Criminal Act applicable to the facts constituting an offense (the point of damage to goods for public use) of the same Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act (the point of harm);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reasons for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes shall be considered as follows.