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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 23:00 on April 21, 2020, the Defendant was unable to avoid disturbance for about 20 minutes, such as: (a) the victim’s “Catt” operated by the victim under the name in Nam-gu Seoul Metropolitan City, Ulsan-si B; (b) the Defendant dumped the products displayed without any particular reason while under the influence of alcohol in his/her hand, hump them with his/her hand, dance, sound, and hump them; and (c) the Defendant dumping them.
Accordingly, the Defendant interfered with the management of the victim by force.
2. The Defendant committed assaulting the police officer E, who was called out upon receiving the notification of 112 that the Defendant would avoid disturbance as above, to stop the Defendant, to B, to e, and to walk the face of E once.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on crime prevention and criminal investigation.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes of D;
1. Article 136 (1) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant committed an obstruction of performance of official duties by avoiding disturbance in Mart, obstructing his duties, and assaulting the police called out after receiving a report, and the responsibility for such offense is not somewhat weak.
However, considering the fact that the defendant did not have criminal records, the sentencing conditions, such as the background leading to the crime of this case, the degree of damage, the age and environment of the defendant, and the circumstances after the crime, shall be determined as the order of the defendant.