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A defendant shall be punished by imprisonment for four 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
On December 14, 2004, the Defendant received a summary order of KRW 2 million from the Busan District Court due to the obstruction of performance of official duties, etc., and on July 1, 2013, the Seoul Northern District Court was sentenced to a fine of KRW 3 million due to the obstruction of performance of official duties, etc.
1. On August 16, 2019, the Defendant: (a) around 18:48, the third floor of the Korean Racing Association, Young-gu, Yeongdeungpo-gu, Seoul, 14-ro 8-ro 14, and (b) the victim B, using the gaps in which the victim B was locked, cited one horse fright of the market value equivalent to KRW 4,000, the market value of the victim’s own seat.
Ultimately, the Defendant stolen the victim’s property.
2. The Defendant committed assault, around August 16, 2019, at the place specified in paragraph (1) around 19:10 on August 16, 2019, on the ground that the victim C (the age of 62) who is an employee said that the victim C (the age of 62) would not put up his/her name on the Defendant’s book, namely, taking the victim’s face at one time with his/her hand.
3. On August 16, 2019, at the parking lot of the 19:32nd floor of the above Korean Racing Association, the Defendant committed an act of the Defendant’s attempt to threaten the victim of the assault described in paragraph (2) due to the police officer affiliated with the Seoul Yeongdeungpo Police Station, who received and called the 112 report, and called the 19:32, and committed an assault against the said D, such as “Nina Maro Ma-Mak, Tine Mah, Nan Ba-kin, Nan Ba-kin, and Man-kick,” and the Defendant committed an assault against the said D, by hand, such as “Nan Man Ma-Mak-kin, Nank-kin, and Mak-kin”, and the chest part of the breast part of the said D, one time with the two hand
In the end, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Statement of D police statement;
1. Each statement of B and C;
1. A investigation report (related toCCTV reading);
1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on criminal records, investigation reports, and obstruction of performance of official duties;
1. Relevant Article 329 of the Criminal Act and Article 260 of the Criminal Act concerning criminal facts, the choice of punishment.