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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 became final and conclusive.
Reasons
Punishment of the crime
1. Around 15:10 on March 23, 2019, the Defendant: (a) caused a fluoral and monetary dispute in front of the Daegu-gu month B, Daegu-gu; (b) caused the damage to the victim C, which was parked in a place where the fluor was destroyed by being sealed by hand, so that the 20,000 won of the repair cost can come into the left-hand side; (c) caused the damage to the vehicle by fluoring the fluor of the victim D, which was parked next to the fluoral, to be 20,000 won of the repair cost; and (d) caused the damage to the vehicle by fluoring the vehicle to become 20,000 won of the repair cost.
2. 공무집행방해 피고인은 같은 날 15:30경, 같은 장소에서 ‘주취자 2명이 싸운다’ 라는 취지의 112신고에 의하여 현장 출동한 대구성서경찰서 생활안전과 E파출소 소속 경사 F이 사건 경위를 확인하려고 하자 갑자기 경찰관을 향하여 수회 주먹질과 발길질을 하였고, 동료 경찰관인 경장 G가 이를 제지하려고 하자 G의 복부를 발로 1회 찼다.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement concerning G and F;
1. A written statement of C and D;
1. Application of Acts and subordinate statutes of the investigative report (number 9,10)
1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
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 Act on the Suspension of Execution provides that the Defendant shall not repeat again with the recognition of all the crimes of this case. The Defendant shall pay 10,000 won to the victim C of the crime of causing property damage in an investigative agency, and shall pay 300,000 won to the victim D with the repair cost, and the victim shall be punished by the Defendant.