A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. On August 5, 2020, the Defendant damaged the property by breaking up the “Caveker's store located in Daegu Dong-gu, Daegu Dong-gu, about 05:10, 7 p.m., during the instant dispute between the instant parties, which was the owner of the victim D, and cutting up approximately 20,000 won of the market price to the ender, which was the owner of the instant business, and destroying the property by breaking up 40,000 won of the market price.

2. At around 05:35 on the same day, the Defendant: (a) taken the patrol vehicle by arresting a flagrant offender from E DistrictF belonging to E District F, Gyeong-gu, Daegu-gu, and on the same day; and (b) spiting down the course of the patrol while moving from E District E Zone in Daegu-gu, Daegu-gu, to the face of the said F and G while getting out of the patrol vehicle; and (c) spited the course of the patrol.

As a result, the Defendant interfered with the legitimate execution of duties in relation to the handling of reporting duties by F and G, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, I, and D;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of obstruction of performance of official duties) concerning the relevant criminal facts and the choice of punishment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. Second Crimes (Determination of Punishment of Obstruction of Performance of Official Duties) / [Type 1] Obstruction of Performance of Official Duties / No person who has been forced to perform his/her duties / her duties / her basic area (the scope of recommendation area and recommendation range], and six months to one year and six months of imprisonment.

(c) Type 3 (Determination of Punishment) (Destruction of Property).