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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.
Reasons
Punishment of the crime
1. On January 14, 2018, around 15:20, the Defendant: (a) attempted to damage a locking device installed by the victim D (n, 52 years of age) to enter the building underground C of the building located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) was prevented from the victim; (c) the victim was skeing the victim’s head head by hand; and (d) was inflicted an injury, such as being avoided in drafting the victim’s face by drinking.
2. On January 14, 2018, the Defendant: (a) sought to enter the above building subparagraph C in order to claim the right of retention at the above site; (b) prevented the victim D from doing so; (c) caused the damage; (d) caused the damage to the victim’s electric segment of the second underground parking lot on the market price in which the damaged party caused the brick, and (e) caused the damage to the market by cutting off the locking devices under the subparagraphs C of the above building on the ground of the market price.
Accordingly, the defendant damaged the property managed by the injured party.
3. The Defendant interfered with the performance of official duties, at the date, time, place, and 112 reported that the Defendant attempted to intrude into the above building No. 2, and attempted to enter the above building from the sloping F of the Seoul Suwon Police Station E box, which called out to this place, and caused the above F’s body to be pushed down by hand, and carried out the F’s left hand.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of suspects of D;
1. Statement made by the police with regard to F;
1. Written statements of D;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to field photographs, photographs of damage, investigation reports (related to the attachment of moving pictures and photographs of damage to property);
1. Relevant Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of injuring an injury), Article 366 of the Criminal Act (the point of destroying an asset) and the choice of imprisonment with prison labor for the crime;
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 grounds for sentencing under Article 62(1) of the Criminal Act are as follows.