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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. On December 24, 2019, the Defendant: (a) around 02:20 on December 24, 2019, the Defendant destroyed and damaged the utility by gathering the fruit at the bottom of the market price equivalent to KRW 30,000,00, which is the victim’s market price on which he was placed on the table, on the ground that he did not have an employee, while drinking alcohol at D main points operated by the victim C, Gangwon-si, Gangwon-si, Gangwon-si; and (b) 30,000 won.
2. The Defendant avoided disturbance, such as cutting off a Japanese scam on the floor at the same time and place as the above Paragraph (1) above, at the same time and place as the above Paragraph (1) above, and obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 reported case by assaulting assault, such as cutting down and pushed down the scambling of the Japanese scam on the floor, and scambling the 112 police officer called out at the site after receiving the 112 report of the business owner, and making a cambling, and making it difficult for the police officer to continuously engage in the disturbance without returning home, and again making the said police officer make a recommendation that scambling the disturbance and returning home.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. C’s statement;
1. Application of the statutes governing field police officers balcams and video CDs;
1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Articles 136(1) and 366 of the Criminal Act, and the choice of imprisonment, respectively;
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;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;
2. Scope of recommended sentences according to the sentencing criteria;
A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) / Forced Performance of Official Duties (Special Convicts): In cases where the degree of assault, intimidation, and deceptive scheme is minor (the scope of the area of recommendation and the range of the recommended punishment), mitigation area, one month to eight months of imprisonment;
(b) Second crimes (determination of types) (Destruction of and damage to property). General standards for the crime of destruction.