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A defendant shall be punished by imprisonment for four 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 April 21, 2019, the Defendant committed an act of obstruction of performance of official duties on the C parking lot located in Jincheon-gun, Jincheon-gun, Jincheon-gun, stating that the Defendant’s act of disturbance was subject to a notification disposition against the Defendant’s act of disturbance, and that the police box belonging to the Jincheon-gun Police Station D police box called “if the Defendant was sent to the Defendant, she should die at the time of riding, if the Defendant she was cut to the Defendant.”
Accordingly, the defendant threatened police officers who perform legitimate duties concerning the prevention or suppression of crimes.
2. On April 21, 2019, at around 23:40 on April 21, 2019, the Defendant damaged public goods and was arrested in the act of committing an act of obstruction of performance of official duties at the place specified in paragraph (1), on the back of the patrol police station, which is a public object, (F LF Banata) of the above patrol station, and was traveling to the said patrol station, while moving to the said patrol station, the Defendant damaged the use of the said patrol by impairing the repair cost of KRW 154,550.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. G statements;
1. Application of investigation reports (case concerning suspicions of damage to public goods), investigation reports (on-site photographs and written estimates attached to patrols);
1. Relevant Article 141(1) of the Criminal Act and Article 136(1) of the Criminal Act (the occupation of damage to public goods and the choice of imprisonment), the choice of punishment for the crime (the occupation of obstruction of performance of official duties and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for one month to six years;
2. Four months of imprisonment with prison labor and one year of suspended sentence: The circumstances favorable to the need to strictly cope with the crimes of obstruction of performance of official duties in order to establish the order of the rule of law: The fact that the defendant seems to reflect the case and that there is no record of the suspension of execution or more;