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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 6, 2017, the Defendant damaged the said car with repair cost of KRW 500,000,000,000 for the following reasons: (a) on the street in front of Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, without any justifiable reason, the victim D, who was parked at the same place under the influence of alcohol, to cut off the cats part of the EK3 car owned by the victim D by drinking.
2. On November 6, 2017, at around 21:40, the Defendant interfered with the performance of official duties, at the place indicated in paragraph 1, and at the location described in paragraph 1, D’s 112 reported and obstructed the Defendant’s act, G’s legitimate performance of duties concerning handling of reports by the police officer, by assaulting the police officer’s 112, such as at the time the back part of G’s 112, which was dispatched to the site.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to G by the police;
1. A written statement of D;
1. Application of damaged photographs and receipt Acts and subordinate statutes;
1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. The sentencing guidelines set forth in Category 1 Crimes (Obstruction of Execution of Official Duties) [Scope of Recommendation] : The scope of the final sentence due to the increase of multiple offenses for which there are no specific sentencing range in the basic area of Category 1 Crimes (Obstruction of Execution of Official Duties and Forced Performance of Duties) (6 months to one year and six months) [the scope of the recommended punishment] and the basic area of Category 2 Crimes (Destruction of Property Damage, etc.) (4 months to ten months), the basic area of Category 1 (Destruction of Property Damage, etc.) [the scope of the recommended punishment] (the person subject to special sentencing]: June to November:
2. Reasons unfavorable to the decision of sentence 0: The following circumstances are the following facts: The seriousness of the form of an act of obstructing the performance of official duties, and the past record of having been already punished due to the obstruction of the performance of official duties: The confession and reflect of all crimes, the fact that there is no past record of punishment for ten years, and the fact that the victim of the crime of destroying property has agreed smoothly with the victim of the crime of destroying property.