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A defendant shall be punished by imprisonment for not more than ten 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 1, 2014, the Defendant causing property damage: (a) around 20:48, 2014, the victim D said that the accommodation charge is KRW 40,000,000; (b) “Yh, Ho-rop, whose kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s
2. On December 1, 2014, around 21:04, the Defendant asked the Defendant questions about the personal information of the victim G accompanied to the instant case within the F District District of the private police station located in Sacheon-si, Sacheon-si, the Defendant obstructed the police officer’s legitimate performance of duties concerning police officer’s investigation by assaulting smartphones posted on his/her table to the face of the victim, thereby interfering with police officer’s legitimate performance of duties, and at the same time, saveing the victim with a view to getting approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. G statements;
1. Diagnosis and treatment sets;
1. Damage photographs;
1. Commissioning for appraisal;
1. Application of Acts and subordinate statutes on investigation reports (Attachment of simplified receipts);
1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);
1. Selection of each sentence of imprisonment;
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 (The following circumstances shall be considered in light of the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the accused was faced with a cell phone in the snow part of the victimized police officer, causing injury, etc.