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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 29, 2016, the Defendant reported 112 at the “D” restaurant located in Chuncheon-si, Chuncheon-si, on May 29, 2016, to the effect that “the drunks are not locked,” and requested the Defendant to return home to the Defendant, the Fman belonging to the Chuncheon Police Station E division called the site.
‘Abruting the victim's body at one time by drinking the victim's body while taking a bath, such as "the victim's body".
Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the police statement protocol (victim) to F;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;
1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the types of crimes interfering with the performance of official duties, which are categorized as one type of crimes [the scope of the recommended punishment]. From six months to one year and four months (the basic field];
2. It is deemed that the degree of violence inflicted by the defendant on a police officer is light;
It is difficult to see that the Defendant was punished twice by a fine due to a violation of the former Punishment of Violences, etc. Act, damage to public goods, etc. In particular, the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to punishment for one year and six months of imprisonment, and two years of suspended execution due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in 2013, and that he/she committed the instant crime without being aware of it.
On the other hand, there are extenuating circumstances such as the fact that the defendant seems to have committed the crime of this case, and that the defendant seems to have committed the crime of this case by drinking.
In addition, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc.