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A defendant shall be punished by imprisonment for six 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. From around 22:50 on July 2, 2014 to 15 minutes, the Defendant interfered with the Defendant’s duties, in E operated by the victim D in Young-si, Young-si, YA, and obstructed the victim’s task of the operation of the victim’s control by force, such as breabing the breab while drinking, and breabing the breab while drinking.
2. On July 2, 2014, the Defendant damaged goods for public use: (a) around 23:20, in the process of arresting a flagrant offender by a police officer dispatched upon receipt of a report, the Defendant damaged goods used by a public office by breaking the F patrol police officer’s front and rear part of the F patrol police officer, by drinking.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Written statements of D;
1. The defense counsel asserts to the effect that the defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime. However, in light of the background leading up to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, the defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time of committing the instant crime.
In light of the criminal records, etc. of the Defendant even if the Defendant was under the influence of alcohol, it is difficult to view that the Defendant was in a very weak or weak state, and even if so, in light of the Defendant’s criminal records, the Defendant did not refrain from drinking despite having been well aware that he was highly likely to engage in violent behavior when he was under the influence of alcohol. This constitutes an exception to the restriction on the ability to assume responsibility under Article 10(3) of the Criminal Act, and thus, the foregoing assertion is rejected.
Application of Statutes
1. Violation of relevant legal provisions concerning criminal facts: Violation of Article 314 (1) of the Criminal Act as to damage to public goods: Article 141 (1) of the Criminal Act;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 of the Criminal Act: