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A defendant shall be punished by imprisonment for six months.
except that 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 August 21, 2015, around 01:15, the Defendant damaged public goods: (a) was urged to return home from E and sloping F of the Gyeongnam Police Station D Zone for the Gyeongnam Police Station, which was dispatched after receiving a report that a drunk person did not go home at the seat of Jinju-si, Jinju-si; (b) refused it; and (c) re-entered into the said Schlage; (d) was subject to the instant Party’s restraint; and (e) cut off the part of the G patrol vehicle (No. 13), which was located in the front of the said Schlage.
Accordingly, the Defendant damaged the above patrol vehicles, which are goods used by public offices, to the sum of KRW 448,204.
2. 공무집행방해 피고인은 2015. 8. 21. 01:30경 경남 진주시 H에 있는 경남진주경찰서 D지구대 주차장에서, 위 제1항 기재와 같이 순찰차량을 손괴한 혐의로 현행범인 체포되어 위 순찰차량 뒷좌석에 타고 위 D지구대 앞으로 간 다음, 위 경사 F으로부터 차에서 내리라는 요구를 받자 위 F에게 욕설하며 양발로 위 F의 팔목 부위를 수회 걷어찼다.
Accordingly, the defendant assaulted F, who is a police officer, and interfered with legitimate execution of duties concerning criminal investigation and maintenance of order of F.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to F and E;
1. Written estimate of the cost of underwriting insurance;
1. Application of Acts and subordinate statutes to each photograph, a copy of work log in the D District;
1. Relevant Article 141(1) of the Criminal Act and Article 136(1) of the Criminal Act (the occupation of damage to public goods and the choice of imprisonment), the choice of punishment for the crime (the occupation of obstruction of performance of official duties and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) Type 1 of the Obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties) (Scope of Recommendation) is the basic area (six months to one year and four months), and there is no special person (special person).
(b) the second offence;