A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 2 million for an injury in the Credit Support of Suwon Friwon on April 10, 2017, and was sentenced to a fine of KRW 2 million for the crime of injury on two occasions.

[ 범죄사실] 피고인은 2017. 7. 23 05:30 경 경기 여주시 B 앞 노상에서, 여주 경찰서 C 지구대 소속 경위 D, 순경 E가 피고인이 택시기사에게 행패를 부린다는 112 신고를 받고 현장에 출동하여 신고 경위를 청취하자, 술에 취한 상태로 순 11호 순찰차 보닛에 걸터앉아 욕설을 하며 소리를 지르고, 순경 E가 피고인을 진정시킨 다음 순찰차를 후진하여 진행하자, 순찰차를 쫓아와 왼쪽 팔꿈치로 순찰 차 운전석 사이드 미러를 툭 치며 다시 시비를 걸었다.

Accordingly, the police officer, who gets off from the patrol car, taken a public portable phone with the Defendant, who was in distressed, and accompanied the case of the mobile phone by cutting off the above portable phone and gathering it.

Accordingly, the Defendant damaged the case of telephone string, which is a public object, to the extent that it would amount to KRW 5,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Investigation report (the details of arrest, details of damage, notification of arrest, etc.);

1. Application of the receipt statute

1. Article 141 (1) of the Criminal Act applicable to the relevant criminal facts and Article 141 of the choice of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Where the value of the article that has been invalidated and destroyed in the mitigation area (one month to eight months) [the person who has been specially mitigated] is minor, [the decision of sentence] 2 years of suspended sentence for April (the defendant who has the power to be subject to criminal punishment at the same time has no record of being punished heavier than that of the same crime and fine as in the unfavorable circumstances, such as the circumstance that the defendant who committed the crime in this case and seems not to have been subject to criminal punishment, and there is no record of being punished heavier than that of the fine, and the degree of damage is contrary to his/her mistake.