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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 25, 2015, the Defendant: (a) on September 20, 2015, at the time of reporting that he/she was a person driving a drinking in the Hanyang apartment of the Namyang-gun, the Namdong-gun, the Namnam-gun, the Namdong 101, and was requested by D to measure drinking and to present a driver’s license from the police officer, who is the police officer belonging to the Youngdong Police Station C, who called the scene; and (b) on the police officer, the Defendant: (c) whether he/she would request the driver’s license to ask for
“Along with sound,” the face of the D was taken at one time in drinking.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of the case.
2. On September 25, 2015, around 20:28, the Defendant: (a) was arrested as a flagrant offender at suspicion of interference with the performance of official duties in front of the Namnam-gun’s Eup’s substitute residential apartment of 1/6 Geum-gun; (b) was broken off with the back glass window of the driver’s seat of the said patrol vehicle while he was arrested as a flagrant offender at suspicion of interference with the performance of official duties; and (c) was getting off the said patrol vehicle at the top of the back of the driver’s seat of the said patrol vehicle.
Accordingly, the defendant damaged the patrol car, which is a building for public use.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made in relation to F, D, and G;
1. Application of the Acts and subordinate statutes of each photograph, written estimate for repair, receipts, and detailed statement of usage transaction;
1. Articles 136 (1) and 141 (1) (a point of obstructing the performance of official duties) of the Criminal Act, the applicable law of criminal facts, the choice of punishment, and the choice of imprisonment, respectively;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;
1. Criteria for sentencing:
(a) Class 1 crime (Scope of a recommended punishment) basic area (e.g., invalidation and destruction of public goods)
(b) Class 2 Crimes [Scope of Recommendations] : Category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic sphere (from June to one year and four months): From 6 months to 2 months;
2. The sentence reflects the wrong decision of sentence, the fact that there is no record of punishment for the same crime, and the person who received a letter from the damaged police.