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A defendant shall be punished by imprisonment for not less than eight months.
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 May 5, 2020, the Defendant causing property damage: (a) around 23:15, the Defendant called “C” restaurant located in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) made phone calls to his family members; and (c) made phone calls from the victim D (numb, 25 years of age) to lend his/her own phone XS; (b) made the victim’s speech that he/she would return his/her mobile phone; and (c) caused the above mobile phone to spread the amount of his/her mobile phone to his/her market value so that the amount of repair cost
Accordingly, the defendant damaged another person's property.
2. The Defendant assaulted the victims, such as: (a) the date and time set forth in paragraph (1) of this Article; (b) the victim’s head debt, and (c) the victim E (the age of 26) who satisfed the victim’s head debt, and (d) the victim E (the age of 26) who satisfed the victim’s head debt.
3. At around 00:40 on May 6, 2020, the Defendant committed an act of obstruction of performance of official duties, without any defect in the light of the police officer G, who was arrested as a flagrant offender for the foregoing reason at the first floor and the office of the Songpa Police Station located in Songpa-gu Seoul, Songpa-gu, Seoul, and the police officer G, who was arrested as a flagrant offender for the foregoing reason, committed an assault against the Defendant by strongly shouldering the above G’s arm’s body.
Accordingly, the defendant interfered with the proper execution of duties concerning the maintenance of police officers' order and crime prevention.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of E and D;
1. The police statement concerning G;
1. Investigation report (related to photographs of victims), victim head scarfics, etc., and investigation report (Attachment to photographs of Handphones of victims);
1. Investigation Report (CCTV image analysis-C’);
1. Application of Acts and subordinate statutes to investigation reports ( CCTV video analysis-crimes and offices related to the obstruction of performance of official duties);
1. Relevant Article 136(1) of the Criminal Act, the choice of punishment for the crime, Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, Article 260 of the Criminal Act, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.