Text
A defendant shall be punished by imprisonment with prison labor for up to 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. From 02:05 on February 20, 2018 to 02:10 on the same day, the Defendant: (a) did not get off a taxi on the front side of the Seoul Yeongdeungpo-gu Seoul High Military Court, etc., and was receiving a report from the police officer E belonging to the Seoul Young-gu Police Station D District Unit, Seoul High-gu Seoul High-gu Police Station, which called “a person who is true and invalid, and returned home” when hearing and taking a bath, he saw the victim’s left-hand buck.
As a result, the Defendant interfered with the legitimate performance of official duties concerning the reporting processing of the above E, the police officer.
2. On February 20, 2018, the Defendant: (a) was arrested within the D District located in Seoul F on February 20, 2018 and was under investigation as described in paragraph (1) within the D District; (b) and (c) was released by the Defendant’s entry the toilets, and without any justifiable reason, caused the defluence of the market price.
Accordingly, the defendant damaged the property managed by the victim D's D's police officers.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement of G and H;
1. Application of Acts and subordinate statutes to photographs damaged;
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;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) that interferes with the performance of official duties (Scope of a recommended punishment)
(b) Type 1 (Destruction of Property, etc.) basic area (from April to October) for the crime of destroying property; and
(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;
2. The responsibility for a crime to prevent a police officer from performing his/her duties by exercising violence, such as booming a police officer in the course of performing his/her duties;