Text
A defendant shall be punished by imprisonment for six months.
except that 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
On June 17, 2020, around 21:46, the Defendant: (a) received a report from 112, stating that “the victim no longer begins,” and D ( South, 42 years old) affiliated with the Daegu Northern Police Station C District of the Daegu Northern Police Station, which was called the victim, tried to punish the Defendant for a dispute over his/her daily behaviors, and brought the Defendant’s two arms on his/her hand in order to prevent the Defendant; and (b) brought the above circumstances into the left-hand hand of the above circumstances.
As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of the 112 reported case, and at the same time, the Defendant inflicted an injury on the victim, including the following arms open to the public, which requires approximately two weeks medical treatment.
Application of Statutes
1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;
1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The sentencing criteria are not applicable because they are commercial concurrent crimes, but refer to the sentencing criteria for the crime of obstruction of performance of official duties.
2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.
3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:
Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.
In order to establish the law and order of the state and eradicate the light of the public authority, strict punishment on the crime of obstruction of performance of official duties is needed.
The favorable circumstances are confession and reflective.
It is the first crime.