A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 31, 2017, at around 22:30, the Defendant filed a report with another person at the front of the C cafeteria located in Busan Metropolitan City B. On May 31, 2017, the Defendant: (a) was asked questions about the details of the report from E in the circumstances where the police box affiliated with the Gansan Police Station D, which was dispatched upon receipt of the said report; and (b) was used by the said E as “C” with the smartphone in possession of “C” which was operated by the Victim F, with the “C” food window operated by the Victim F, thereby destroyinging the victim’s glass in an amount equivalent to KRW 180,00 of the market price owned by the Victim; and (c) sought to kill the face of the said E on his hand, and assault the victim’s flap with his her flaps.

Accordingly, the defendant damaged the victim F's property and interfered with police officers' legitimate execution of their duties in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the written estimate statutes;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines - Category 1 (Obstruction of Execution of Official Duties) - Where the scope of the mitigated area (i.e., one month to eight months) (i., one month) and the mitigated area (ii) (i.e., interference with performance of official duties) (ii) assault, intimidation, deceptive scheme, or interference with official duties is minor, the extent of such minor; - Two crimes (ii) and the mitigated area (i.e., one month to six months) [the scope of the recommended punishment] [including one month to six months] of the mitigated area (i.e., damage of goods), [including a person who has been specially mitigated] of the mitigated area (including a serious effort to recover damage) of the Punishment Committee (including a person who has made a serious effort to recover damage) or significant damage, the scope of the final sentencing according to the aggravated amount of the multiple

2. Although the defendant in the decision of sentence was not such a crime as exercising violence against the police officer and destroying another's property in the process, the nature of the crime is minor, the degree of interference with the execution of official duties.