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A defendant shall be punished by imprisonment for not less than eight 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
1. On October 25, 2018, the Defendant damaged public goods was sentenced to KRW 3 million for embezzlement at the Busan District Court, and the judgment became final and conclusive on November 29, 2018. However, on February 10, 2019, the Defendant was arrested at around 21:45 of the above fine and was detained in the custody room of the Ganyang Police Station located in 1545 as the smuggling was pushed down at around 22:55 on the same day.
At around 00:15 on February 11, 2019, the Defendant: (a) opened a cell room at the Ganyang Police Station at the Ganyang Police Station; (b) opened a 2 room door door at several times; and (c) opened a toilet door at several times as the entrance door was damaged; and (d) removed a lid with the change of the toilet at the market value of KRW 30,000 on his/her hand, and removed a lid with the change of KRW 30,000 on the floor of the toilet.
Accordingly, the Defendant damaged the goods used by public offices.
2. The Defendant committed an act of obstruction of performance of official duties on the date, time, place, as mentioned in Paragraph (1) above, and damaged things used by public offices, and the reasons why the guardian B, who was the guardian, entered the detention room 2, and the security guard C, prevented the Defendant from acting on the floor, put the Defendant on the floor, and used the locks and ropes, and the Defendant resisted against the resistance, and assaulted the Defendant, such as: (a) by walking the front part of the eye B at one time on the front part of the front part; (b) opening the work clothes class on the front part of the front part;
Accordingly, the defendant interfered with legitimate execution of duties concerning the custody of police officers.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Written estimate;
1. Application of Acts and subordinate statutes to the custody officer's work site, on-site photographs;
1. Relevant Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act and the choice of imprisonment for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 of the Criminal Act: