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A defendant shall be punished by imprisonment for one year.
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. On December 13, 2019, the Defendant, at around 17:00 on December 13, 2019, committed as if he would normally pay the food cost at the “D” restaurant operated by the victim C, and ordered food and drink to the victim.
However, the Defendant did not have any means to pay food, such as cash or credit card at the time, so even if he was provided with food and beverage by the victim, the Defendant did not have any intent or ability to pay the price.
As above, the Defendant, by deceiving the victim, was provided with one Daegu L/C in a total amount of KRW 29,000, 200, 200, and one air breab.
2. On December 13, 2019, the obstruction of performance of official duties and the Defendant: (a) while intending to smoke at the places described in the foregoing paragraph (1) on December 17:40, 2019; (b) from the victim F (30) who is a police officer belonging to the Gangnam Police Station E-gu Seoul Police Station, called the police officer assigned to handle the 112 Report Cases as to the crime of the 112 Report Act as stated in the foregoing paragraph (1), “I shall not smoke at the bar; (c) I am the victim’s shoulder by hand; and (d) I am the victim’s shoulder who was requested to sit at the seat of the victim at one time; and (d) the police officer interfered with legitimate performance of duties concerning the handling of the 112 Report Cases, and at the same time, the victim injured the victim during the treatment period.
Summary of Evidence
1. The defendant's protocol of interrogation of the suspect in the prosecution against the defendant, the F of the protocol, and the written statement by the police about C;
1. A list of reports on investigation (to attach photographs of the victim's face, hear the victim's G telephone statement) 112 cases;
1. Application of Acts and subordinate statutes on photographs and receipts;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the criminal facts;
1. The crimes of obstruction of the performance of official duties and the crimes of injury under Articles 40 and 50 of the Commercial Code are judged to be more severe.