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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant interfered with the performance of official duties on April 12, 2016, called “C” in front of the food of “C” located in Guri-si B, Guri-si, 22:50 on the street, and saying, “The Defendant informed him that he should go to go to and go to go to, and go to, the front of the patrol who was going to go out after receiving the 112 report,” to the police officers E and F of the Guri police station D police station located in the said patrol vehicle.
The defendant get off the patrol window by E, and the defendant "I am on the part of E after receiving a report."
“At the time of the patrol,” even though they were sent, they interfere with the dispatch of the patrol car for about 5 minutes, such as putting the hand in the window of the patrol car, blocking the front of the patrol car, and E was placed at one time at the top of the steering window of the patrol car in order for him to close and depart from the patrol car, while “Ye, Chewing gue, dead and discarded.”
“.......”
Accordingly, the defendant, who is the police officer, has discharged the legitimate execution of duties on the mobilization of report E and F.
2. The Defendant damaged public goods at the time, place, etc. described in paragraph 1, and as seen above, caused the instant patrol car’s chief glass window to be drinking once, and continuously string the string door by drinking, thereby damaging the Defendant’s 410,771 won to repair the said patrol car used by public offices.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to F in the police statement protocol;
1. Statement prepared by E;
1. Each description of the 112 Report processing sheet and written estimate for damage; and
1. Application of each of the visual Acts and subordinate statutes to damaged photographs;
1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act concerning the facts constituting an offense (the point of impairing goods for public use) of the same Act;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);
1. Selection of each sentence of imprisonment;
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. Article 62(1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62Da138, Apr. 1, 19