Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 5, 2014, the Defendant causing property damage: (a) around 22:40, at the home of the victim D, who is the husband before Jeju (second floor); (b) around 23:00, the lessor, who resides in the first floor, and the lessor, living in the second floor due to the project of the rest of the toilets and the sponse, and the walls of the kitchen, which were in the kitchen, were laid in the kitchen glass and the kitchen glass and the bend; and (c) the said victim’s kitchen glass (50cm, length 90cm, length 90cm, length 90cm, length 90cm, length 90cm, length 90cm, length 950cm, length 930cm, length 9930cm, length 90cm, length 9530cm of the above victim’s glass and walking the entrance to the port of the entrance.
2. 공무집행방해 피고인은 2014. 4. 5. 23:08경 제1항 기재 D의 집에서, 신고를 받고 출동하여 피해상황을 확인하던 제주동부경찰서 F지구대 소속 경찰관 경사 G에게 ‘벌금 400만 원을 냈다. 어쩔거냐 잡아 가려면 잡아가 봐라’고 하면서 양손으로 G의 멱살을 잡아 흔들고, 바닥에 누워 뒹굴면서 오른발로 G의 몸을 1회 걷어차는 등 폭행함으로써 신고사건 처리에 관한 경찰공무원의 정당한 직무집행을 방해하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement concerning G;
1. Each written statement prepared D and E;
1. Application of Acts and subordinate statutes to photographs, such as the site, investigation reports (in cases of checking damage), and drilling (in cases of attaching a receipt, etc.);
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 366 and 136 (1) of the Criminal Act; the choice of imprisonment with prison labor;
1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);
1. Probation: Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;