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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 15, 2018, at around 00:30 on April 15, 2018, the Defendant was subject to a disturbance, such as interfering with the progress of a motor vehicle that is being driven under the influence of alcohol in front of Yong-gun, Chungcheongnam-gun, and received a 112 report, and received a restraint from the police officers belonging to the police stations of the Gyeong Young-gu Police Station, who called up, called “A”, the Defendant was able to take the front glass of the E, on which the said police officers boarded.
Accordingly, the Defendant damaged the goods used by public offices.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Each report on internal investigation:
1. Application of the statutes governing the place of service of the 112 reported case handling box and the D police box;
1. Article 141 (1) of the Criminal Act applicable to the relevant criminal facts and Article 141 of the choice of punishment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years;
2. Where the scope of the recommended punishment according to the application of the sentencing criteria [the scope of the recommended punishment] is minor in the area of mitigation (one to eight months for public goods) (one to one month for special mitigation).
3. According to the decisions of sentence, the sentence shall be determined as ordered in light of all the sentencing factors shown in the arguments of this case, such as the following circumstances and Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime, and circumstances after the commission of the crime, and the execution of the sentence shall be suspended on condition that the community service order is faithfully observed.
When the crime of this case was committed at a disadvantage: The crime of this case was committed by the police officer who properly performed official duties, and the nature of the crime was serious, and there was a record of the suspension of execution due to interference with the execution of official duties, etc. that the defendant recognized all of the crimes of this case, divided and reflected his mistake, and the damage of this case is relatively minor, and the damage of this case is recovered by the defendant.