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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Around 20:40 on July 31, 2020, the Defendant, under the influence of alcohol, took a large interest of the first floor of the building B located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul, with the report of 112 that “nicking a fright by entering any part of the building,” and the victim D, etc., who was dispatched to the site, interfered with this request, the Defendant abused the victim D et al., who was dispatched to the site. As such, the Defendant 112 et al. were sexually hicked by the reporter, such as “nicking fright, kick, kick kick,” “nick kick kick, young kick kick,” and “nick kick kick ker,” and huming the victim.
2. The Defendant engaged in obstruction of performance of official duties by assaulting that D et al., at the time, time, place, etc. mentioned in the preceding paragraph, intended to restrain the victim from committing a disturbance, and that D’s chest was satisfe one time by hand.
Accordingly, the defendant assaulted police officers who perform their duties in relation to public peace and maintenance of order.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the 112 Reporting Case List and the Acts and subordinate statutes governing internal investigation reports (clock video reading);
1. Relevant provisions of the Criminal Act, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;
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. Scope of recommended sentences according to the sentencing criteria;
(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;
(b) Second (Determination of Punishment) Defamation. [Attachment 1] No person who is not a person subject to general insult [the scope of recommendation and recommendation] (the scope of recommendation field and recommendation range] basic area, two months to eight months of imprisonment;
(c) Standards for handling multiple crimes shall be met;