Text
A defendant shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
1. Around March 23, 2016, the Defendant damaged property: (a) on the two weeks-si B, B, 304 Dong 1003, the Defendant 1 was the victim’s wife C and his child education issues; and (b) on the other hand, the Defendant 1 was the victim at the home of the Defendant’s house in Yangju-si, B, 304 Dong 1003; and (c) on the other hand, the Defendant 1 was the victim.
As a result, the defendant damaged the victim's joint ownership market price of KRW 200,000.
2. On the same day, at around 23:45, the Defendant obstructed the performance of official duties by reporting C’s 112 at the above place, and the security guards, E, security guards, and patrolmen assigned to the police box of the Yangju Police Station, sent a disturbance by interesting the fact that the police report was filed, and the circumstances E demanded the Defendant to take the Defendant’s hand and file a petition, thereby strongly shaking his arms.
Accordingly, in order to file a petition against the Defendant, G used to assault the Defendant at his left hand, G’s neck at one time, with the left hand.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. C’s statement;
1. Photographs of damaged articles;
1. A report on investigation;
1. Non-Application for punishment;
1. Application of Acts and subordinate statutes governing registration of real estate;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The basic area of interference with the performance of official duties (the scope of recommended punishment) and the basic area (the interference with the performance of official duties and coercion of duties) of category 1;
2. The crime of destroying property [the scope of recommended punishment] The basic area (four months to ten months) of the basic area (decision of sentencing] [the decision of sentencing] shall not be exempted from imprisonment as an extremely serious crime in itself, and such crime shall not be exempted from imprisonment;
However, the degree of violence is relatively minor.