Text
A defendant shall be punished by imprisonment for not more than ten 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 28, 2016, at around 02:00, the Defendant damaged the victim’s property at “E main store” operated by the victim D in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and the second floor to calculate the drinking value, and thus, damaged the victim’s property by gathering the defective and beer’s disease toward the wall of the wall and excavating the wall of the wall so that the repair cost may be KRW 300,000,000,000.
2. The Defendant interfered with the performance of special duties on November 28, 2016, at around 02:15, the “E main store” as indicated in paragraph (1) of the same Article, which was dispatched after receiving a report from 112 that “I am under the influence of alcohol,” and called “I am under the influence of alcohol,” to the slope G belonging to the Incheon Bupyeong Police Station F District;
The police stated why why we see and sweak the swelth, swelth, and swelth, and the swelth (80 cm, 64 cm in height, 64 cm in length, 69 cm in length) of dangerous objects are facing the face of G in the part of the chair's bridge, and when G puts the chair, the swelth was faced with the chest of G.
Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers in relation to the prevention and suppression of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made in relation to H, I, D, and G;
1. On-site photographs,CC-TV editing data;
1. Application of the written estimate statutes;
1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Articles 144 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of special official duties), and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. In the case of carrying dangerous articles (one year to four years) in the aggravated area (one year to four years), the reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] is the general standard for the crime (damage) [the scope of recommending punishment].