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A defendant shall be punished by imprisonment with prison labor 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
At around 02:40 on December 13, 2019, the Defendant assaulted two police officers, etc., including E, who were under the influence of alcohol on the side of the parking lot, on the ground that the patrolr of the D Zone was parked on the side of the parking lot in order to process other reported cases, on the ground that the Defendant: (a) obstructed the patrol vehicle by body despite the horses that the police officer, who was a police officer, should be parked on the side of the parking lot, “not illegal parking”; (b) sought explanation from the above E, etc. on several occasions; and (c) intended to move to handle other reported cases; and (d) intended to move the Defendant to the side of the patrol vehicle on two occasions, such as booming off the patrol vehicle; and (e) sought to move the Defendant to the side of the patrol vehicle.
Accordingly, the Defendant interfered with the legitimate execution of duties concerning the police officer's 112 reporting and withdrawal.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. On-site photographs;
1. Application of investigation reports (field-dong police officers' scam analysis), investigation reports (facam image verification) Acts and subordinate statutes;
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: One month to five years;
2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsor] - Reduction elements: In cases where the degree of assault and threat, threat, and deceptive scheme is minor (the range of recommending area and recommendation range), mitigation area, one month to eight months of imprisonment.
3. The Defendant, under the influence of alcohol, committed the instant crime by blocking police officers from snicking patrol cars, and snicking police officers.
However, the extent of the assault by the defendant is relatively minor, the decision of recommending reconciliation in the civil lawsuit filed by the damaged police officer against the defendant becomes final and conclusive, and the victim paid the money according to the decision of recommending reconciliation to the damaged police officer, and there is no record that the defendant was punished before the crime of this case.