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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 04:20 on May 30, 2015, the Defendant: (a) received a report from the reporter that “the foregoing pets have damaged the vehicle in front of the Seocho-gu, Seocheon-gu; and (b) confirmed the fact that D had damaged the vehicle for the Defendant’s daily operation, the Defendant used the son’s body in hand, referring to as the reporter would threaten the reporter when she takes a bath; and (c) the said D, who restrains the breath, “I am the police, grow, sar, sarb, and bitch, not the bitch.”
Accordingly, the defendant interfered with the legitimate execution of duties by police officers in dealing with 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes concerning internal investigation reports, C District Work Days, and public official identification cards;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).
2. Determination of sentence: Imprisonment with prison labor for six months, probation one year, one year of probation, one year of community service, 40 hours a confession of the defendant, the degree of assault of this case, the degree of assault of this case seems not much severe, the defendant seems to cause contingent crimes under the influence of alcohol, the defendant has no record of criminal punishment, and other factors such as the age, character and conduct of the defendant, conditions after the crime, etc. shall be determined as per the order.