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A defendant shall be punished by imprisonment for not less than eight 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. On December 20, 2019, the injured Defendant: (a) around 22:10 on December 20, 2019, on the ground that the victim E (the age of 52) directed his/her female-friendly Gu, he/she assessed the victim’s face on one occasion by drinking home; and (b) caused injury to the victim, such as a strawing room, where the victim walked his/her bridge on one occasion, and where the victim’s bridge needs to be treated for about two weeks, he/she suffered injury.
2. The Defendant: (a) reported at the date, time, place, and 112 of the above 1.1; and (b) obstructed the police officer’s legitimate performance of official duties concerning the handling of 112 reports by reporting the border G belonging to the F Zone G belonging to the Kimhae Police Station of the Kimhae Police Station; and (c) making the border G’s breast at one time in two hands and one time in one way in one part; and (d) interfered with the police officer’s legitimate performance of official duties concerning the handling of 112 reports.
3. The Defendant: (a) committed an act as described in the foregoing 1. Paragraph (1) at the time, place; (b) arrested a flagrant offender under suspicion of obstruction of performance of official duties; and (c) took a bath after getting on the back seat of the patrol vehicle; and (d) destroyed KRW 312,730 of the repair cost by walking on several back the back of the patrol vehicle.
Accordingly, the defendant damaged public goods.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to B, H, G, and E;
1. A 112-reported case processing table, photograph, diagnosis certificate, and estimate; and
1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;
1. Relevant Article 257(1) of the Criminal Act, the choice of punishment for the crime, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, Article 141 of the Criminal Act, 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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (including the fact that the degree of obstruction of performance of official duties is minor, the agreement with the injured victim is made, and the damaged amount
1. The portion of rejection of prosecution for probation and community service order under Article 62-2 of the Criminal Act (order of alcohol treatment and consultation, etc. for the prevention of re-offenders)