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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 February 8, 2020, the Defendant: (a) around 21:40 on February 8, 2020, at D main points operated by the victim C in Seongbuk-gu, Sungnam-si; and (b) during the dispute between another customer and the time room, the Defendant: (c) removed and damaged the floor by making it difficult to identify the market price of the victim’s possession.
2. At around 21:55 on the same day as the statement in the preceding paragraph, the Defendant informed him of the damage and damage of property, such as the sloping F belonging to the unit E district of the subdivision police station, which was dispatched to the site after receiving a 112 report, and the Gyeong G of the police station, he saw him to take a bath to him, and two times in person with the chest part of the chest part, and three times in person with the Defendant’s face outside of the main part.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G and F;
1. A written statement prepared in C;
1. Application of each investigation report (net 5,6), on-site photographs, internal investigation reports (Analysis of evidence pictures by police officers visiting the scene), investigation reports (victims' telephone conversations), investigation reports (on-site forest recording and CCTV video recording), investigation reports (on-site video recording), and Acts and subordinate statutes governing telephone communications;
1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;
1. Selection of each sentence under Articles 40 and 50 (Mutual Crimes of Obstruction of Performance of Official Duties against Police Officers on Board) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;
2. Scope of recommended sentences according to the sentencing criteria;
A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties).