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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 02:06 on August 6, 2020, the Defendant: (a) received 112 report from a police officer who called to the site and requested that he talk about the address for returning home from the taxi under the influence of alcohol; (b) but did not talk about the exact address; (c) around 02:15 on the same day, at the 2nd floor of the Dtel managed by Seo-gu, Seo-gu, Seo-gu, B, and C (Nam, 48 years old); and (d) at the 3rd floor, the Defendant got off the elevator door without any particular reason, thereby impairing the utility of the victim’s property.
2. At around 02:20 on August 6, 2020, the Defendant, without any particular reason, committed assault against G officers belonging to the F District Unit of the Yananananbuk-gu Police Station that attempted to take measures for returning the Defendant, as above, without any specific reason prior to the 1st floor of the Yancheon-gu Etel in Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2020.
Accordingly, the defendant assaulted police officers performing their duties concerning the protection of life, body, and property of the people.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of Acts and subordinate statutes to criminal place, internal investigation report (Obstruction of Performance of Official Duties), field photo, investigation report (verification of clock image), investigation report (related to the elevator damage of a Dtel)
1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;
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 recommended sentences according to the sentencing criteria;
(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;
(b) Class 2 (Destruction and Damage of Property).