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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 19, 2018, around 21:15, the Defendant: (a) visited the electronic tobacco sales store called “D” of the victim’s operation, Mapo-gu Seoul Mapo-gu, B, and 1 story; (b) requested the victim to provide coffee and tobacco; (c) however, the Defendant: (a) caused the victim to damage the victim’s property by breaking the victim’s disturbance at the time of payment by stating that coffee does not sell it; and (d) caused the victim’s disturbance to the display stand where the 112 report was carried on the display stand where the 112 report was defective; and (b) damage the display stand where the son was put on the display stand, and the dys and the dys of the s
2. On June 19, 2018, the Defendant interfered with the performance of official duties, as described in paragraph 1, at the place indicated in paragraph 1, at around 21:30, the Defendant avoided disturbance as described in paragraph 1, and the Defendant’s officer affiliated with the Mapo Police Station, who was called upon 112, tried to take back the Defendant and C out of the aforementioned tobacco shop and to listen to the Defendant’s statement while identifying the circumstances of the instant case, and obstructed the police officer’s legitimate performance of duties concerning the handling of the report, by taking the Defendant’s personal phone from the Defendant’s day-to-day phone with the Defendant’s hand-on phone, at one time.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol with respect to E and C;
1. Each statement of F, G and H;
1. Application of the Acts and subordinate statutes concerning subordinate statutes to police officers' photographs;
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;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)
B. Part 2 Crimes (Destruction) [Scope of the recommended punishment] general standards and the mitigated area (one month to six months).