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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Reasons
Punishment of the crime
around 14:00 on November 7, 2018, the Defendant: (a) was boarding a D taxi operated by the victim C at the Seocho-si, Sinsi; (b) but did not speak at the destination; (c) the Defendant was unable to avoid disturbance in the taxi; and (d) the victim was able to report the damage to the earth, and (e) the Defendant was led to the F District E located in Sinsi, Sin-si.
1. On November 14:20, 2018, the Defendant damaged the victim’s property by leaving the taxi at the lower demand of the victim and police officers in front of the FF District. On November 7, 2018, the Defendant was going to go out of the taxi. On the victim’s taxi operation who was trying to go out of the FF District, leading the victim’s taxi driver’s seat to walk out the taxi and walking the taxi in several times, thereby damaging the victim’s property so that the amount of repair costs would be excessive.
2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 위와 같이 발로 택시 운전석 문을 발로 걷어차는 것을 보고 이를 제지하는 속초경찰서 F지구대 경위 G에게 “개 씹새끼야. 너가 뭔데. 내가 너한테 뭘 잘못했는데 좆같은 새끼야.”라고 욕설을 하고, 오른발로 G의 왼쪽 정강이 부위를 2회 걷어차 폭행하였다.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in the control of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of H and C;
1. Application of the Acts and subordinate statutes to a photograph by cutting off on-site photographs and CCTV images;
1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Based on the reasons for sentencing under Article 62-2 of the Social Service Order Act, the punishment as ordered shall be determined in consideration of all the following conditions of sentencing, including the circumstances following the sentencing, and the defendant’s age, character and conduct, environment, circumstances of crime, means and result, etc.
The favorable circumstances: the economic damage suffered by the victim of the damage to property.