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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 one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
1. On September 15, 2020, the Defendant: (a) was under the influence of alcohol in the street near the “C” located in the Suwon-si flooded Area B, 00:00 on September 15, 202; and (b) was flods of Eco or passenger cars owned by the victim D.
By doing so, it was destroyed that the amount equivalent to KRW 843,985 of the repair cost of the said car and the front penter, etc. were damaged.
2. 공무집행 방해 피고인은 제 1 항 기재와 같은 일시 및 장소에서 112 신고를 받고 용인 서부 경찰서 F 지구대 소속 경위 G, 순경 H가 출동한 상황에서, 피고인이 I를 폭행하는 것을 G과 H가 제지하자 “ 알아서 들 해 씹할 좆같은 새끼들 아. ”라고 욕설을 하며 손을 들어 H를 때릴 듯한 행동을 취하고, 이에 G이 피고인을 현행 범인으로 체포하려고 하자 손으로 H의 몸을 잡아 넘어뜨리고, 발로 H의 턱과 다리 부위를 수회 찼다.
Accordingly, the defendant assaulted the police officer H, thereby obstructing the police officer's legitimate execution of duties concerning the suppression and investigation of the crime.
Summary of Evidence
1. Application of Acts and subordinate statutes of the defendant's legal statement D, I, and H to each police statement, on-site photographs prepared by K, part of the police officer's assault, vehicle photographs, maintenance specifications of vehicle inspection, investigation reports (Evidence No. 16 of the evidence list);
1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than seven years and not more than six months;
2. Scope of recommended punishments according to the sentencing criteria: Imprisonment with prison labor for not less than six months but not more than one year and not more than Nov. 1.
(a) The basic field of interference with the performance of official duties [the types of decisions] that there is no one type 1 (Interference with the performance of official duties and coercion of duties] [the territory of recommendations and the scope of punishment recommended] (the scope of imprisonment with labor for not less than 6 months, but not more than 1 years and 6 months];
(b) Property damage (types);