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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 30, 2017, the Defendant: (a) arrested a flagrant offender on the charge of assaulting his age club employees at the office D department of the Dong-gu Police Station D and the office of the Gu-gu Police Station located in the Gu-si, 359, in the Gu-si, Gu-si, 359, and was transferred to the police, and (b) collected a chair who was in his/her own seat (50 meters high, 80cm and 50 meters wide) while waiting at the suspect protection room, and was seated on the above office, and used the police as a public official belonging to the above police station who is carrying out document work for criminal investigation, etc. by using a computer, and destroyed the above police monitor at a level of 135,597 won at the market price used by the police officer.
As a result, the Defendant interfered with legitimate execution of duties by police officers on criminal investigations, etc., and at the same time damaged things used by public offices.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police for E;
1. A written statement;
1. CCTV images and CCTV images;
1. Determination as to the defendant and defense counsel's assertion of damaged articles and photographs of victimized police officers
1. The Defendant asserted that he had a mental and physical weakness under the influence of alcohol at the time of committing the instant crime.
2. Comprehensively taking account of the details of the instant crime, the Defendant’s speech and behavior before and after the commission of the crime, which was acknowledged by the evidence prior to the determination of the judgment, even though the Defendant was under the influence of alcohol at the time of the crime, and thus, the Defendant was incapable of distinguishing things or making decisions.
As it is not recognized, the defendant's mental disorder argument is without merit.
Application of Statutes
1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act concerning facts constituting an offense (the point of impairing goods for public use);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. The sentencing criteria for crimes obstructing the performance of official duties inO for the reason of sentencing the alternative sentencing for the sentence of imprisonment, [the sentencing criteria] for crimes obstructing the performance of official duties, and there is no one (the invalidation of public goods) (the person who is subject to special sentencing).