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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 27, 2017, the Defendant damaged the victim’s D (50 aged) cab while driving a mast vehicle under the influence of alcohol in the Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul at around 03:30 on Apr. 27, 2017, the Defendant: (a) string the string of the cab; (b) string the string of the string of the string; (c) string the string of the string vehicle; (d) string the string of the string vehicle; (d) string the string vehicle; and (e) string the string of the string vehicle; and (e) stringing the string of the string vehicle;
2. Around 03:40 on April 27, 2017, the Defendant obstructed the performance of official duties, on the same ground, committed an assault, such as spitation and spitation, etc., on the shoulder part of the above G and H, by a police officer slopeF belonging to the Seoul Western Police Station E District, who was called for after receiving a report of 112 on the said grounds at the above location, in order to arrest the Defendant as a flagrant offender for the foregoing reason, G in the circumstances belonging to the same district unit, caused a defect in drinking and sprink in order to control the Defendant due to a flood, thereby cutting down the bridge of the above G on the road by drinking and launchinging the bridge, and continuously moving the earth and things on the shoulder of the above G and H.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to G, H and I;
1. Written statements of D;
1. Application of Acts and subordinate statutes to photographs damaged;
1. Article 136 (1) (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
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. The reason for the sentencing of Article 62-2 of the Criminal Act, including the observation of protection and the order of community service, is the basic area (from June to one year and six months), such as assault, intimidation, deceptive scheme, or obstruction of public service.