Text
The punishment of the accused shall be four months by imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 26, 2019, the Defendant damaged the Defendant’s automatic entrance door (a.e., 150cm in length, 210cm in length) owned by the victim C by breaking the automatic entrance door (a.e., 150cm in length, 210cm in length), which was under the influence of alcohol at the entrance and exit of the studio building in Nam-gu, Nam-gu, Seoul Special Metropolitan City, and without any reason, destroyed the Defendant’s repair cost of 100,000 won.
2. On May 26, 2019, at the same place as the preceding paragraph, the Defendant: (a) 01:20 on the ground that, at the same time as in the preceding paragraph, the police officer affiliated with the D District Police Station D District Unit of the Posing Police Station of the Posnnam Police Station, asked the Defendant for personal information; and (b) assaulted the Defendant at one time on the hand floor of the said E’s hand-to-day hand-to-face, stating that “the bath will not take place.” from the police officer E, the Defendant she sawed him/her on one occasion his/her left son of the said E.
Accordingly, the defendant interfered with the legitimate performance of duties by police officers on 112 reporting handling affairs.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and E;
1. 112 Report sheet, work log in the D District;
1. Application of each statute on photographs;
1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, and Article 136 (1) of the Criminal Act, the choice of punishment for the crime (the point of destruction and damage of property), and Article 136 (1) of the Criminal Act
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment
(b) Class 2 crime (Fraud) [Determination of Sentencing] Fraudulent Crime: [Type 1] below KRW 100 million (Special Convicted Person] Reduction element: In a case where punishment is not granted or a significant damage is recovered (in the area of recommendation and recommendation range), reduction range of punishment, one month to one year.