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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【Criminal Power】 On November 1, 2018, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Korean Racing Association Act, etc. in the support of the Gwangju metropolitan District Court on November 1, 2018, and two years for a suspended sentence of ten months. The judgment becomes final and conclusive on November 9, 2018, and is currently under suspended sentence.
【Criminal Facts】
1. On March 27, 2019, at around 00:38, the Defendant damaged the victim’s water purifiers installed in front of the main unit of the instant main unit to remove the unclaimed person, who did drinking together, from the main point of “D” operated by the victim C in Seocho-gu Seoul Metropolitan Government, for the reason of influence. However, the Defendant destroyed the victim’s water purifiers installed in front of the main unit of the instant main unit by putting the victim’s water purifiers satisfe and fighting for the reason of influence.
2. The Defendant expressed, at the date, time, and place mentioned in paragraph (1) of the same Article, that “the Defendant is fighting a sick person and his customers are fighting.” The Defendant expressed, at the time, and place of the performance of the performance of official duties, that “I wished to ask the head of the F police station affiliated with the Seoul Western Police Station E District, Seoul, which called “I will grow up on the flus will be raised.” The Defendant assaulted the F’s face one time due to the defect that the Defendant attempted to arrest the flagrant offender as a flagrant offender.
Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case by police officers and the arrest of flagrant offenders.
Summary of Evidence
1. Partial statement of the defendant;
1. With respect to the witness F, C, and G’s statutory statement 1, and F’s written statement of police investigation report (verification of field images), CCTV image CD 1, and on-site photo 1. The Defendant and the defense counsel expressed the following facts: (a) in relation to the damage of property, the Defendant and the defense counsel did not have to predict the damage of water purifiers due to the Defendant’s use of assault from H in excess of H, but it was not possible to predict the damage of water purifiers in the situation of unilateral assault; (b) there was no intention to destroy property; and (c) in relation to the obstruction of performance of official duties, the Defendant expressed to the police officer.