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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. On October 23, 2016, at around 00:20, the Defendant damage property at the front of the “D” convenience store located in Suwon-si, Suwon-si, Suwon-si, the Defendant: (a) under the influence of alcohol, f, who was parked on the road on the road without any justifiable reason, destroyed the vehicle’s top direction, etc. to walk the victim E-owner of the victim E, who was parked on the road on the road; and (b) continuously damaged the convenience store by hanging the convenience sign, which is owned by the victim G, the owner of the said convenience store, and then breaking up the convenience store softened by breaking it.
2. The Defendant interfered with the performance of official duties, at the same time, at the same place as in the preceding paragraph, and at the same time and place as in the preceding paragraph, and at the police station H affiliated with the Suwon Police Station H, who was dispatched to the said place after receiving a report, arrested the Defendant as a flagrant offender, and assaulted the Defendant’s back-side head part of the I’s right side with the hand floor one time and one hand-top with a hacker.
Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to K and I;
1. Each statement of E, G, L, M, N, andO prepared;
1. Application of the Acts and subordinate statutes to photographs of damaged articles, and photographic pictures of victims;
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 (including the circumstances favorable to the following grounds for sentencing);
1. Scope of sentencing recommended by the sentencing guidelines committee of the Supreme Court;
(a) Interference with the execution of official duties / [Types] Interference with the Execution of Official Duties / [The scope of a recommended sentence] in the basic field [the scope of punishment] / From six months to one year and six months;
(b) Crimes that damage property [type] destruction areas (special mitigation elements] mitigation areas (special mitigation elements), punishment non-won (the scope of recommended punishment], one month to six months; and
(c) Scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than six months up to one year and one November;
2. Determination of sentence: