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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
Under the influence of alcohol, the Defendant committed the following crimes under the state that the Defendant lacks the ability to discern things or make decisions:
1. On September 27, 2015, the Defendant made a public performance obscenity for about three minutes while viewing that many people, such as E, in “D main points” located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, were kept.
2. The Defendant interfered with the performance of official duties at the same time and place as in the preceding paragraph, and was dispatched to the police officer, who is the public official under his control, of the F(31) who was a police officer in Seoul Gwanak-gu, which was called upon with the report, obstructed the police officer’s legitimate performance of duties in relation to the handling of the reported case by assaulting by means of 2 to 3
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. E statements;
1. Application of each statute on photographs;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 245 and 136 (1) of the Criminal Act concerning the selection of punishment (opportune of imprisonment);
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act (a person with mental or physical weak mental or physical disability caused by the main employment) to be mitigated by law;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
(a) interference with the performance of official duties [the scope of recommended punishment] and interference with the performance of official duties, the basic area (6 months to 1 year and 4 months) of the basic area (the interference with the performance of official duties and coercion of duties) (the person with special sentencing)
B. The crime of obscenity in the relation of concurrent crimes with the above obstruction of the performance of official duties is not set in the sentencing guidelines, and therefore, only the lower limit of the above recommended punishment should be observed.
It is so decided as per Disposition on the grounds that the defendant's age, sex, family relation, criminal records, motive and circumstances after the crime, etc. are not less than 30 years, and the conditions of sentencing are taken into account.