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Defendant shall be punished by imprisonment for six months and by a fine of one hundred thousand won, respectively.
The defendant does not pay the above fine.
Reasons
Punishment of the crime
1. On September 6, 2018, the Defendant, in violation of the Punishment of Minor Offenses Act, found the defense against the D’s “D” 2nd floor in Gwangju-si, Gwangju-si.
2. The Defendant, at the same time and around the same day as the above paragraph 1 of the same Article, committed an assault by the Defendant, at the same place as the above paragraph 1 of the same Article, who received 112 reports and received a request for identification from the assistant F of the E box affiliated with the E box, and, in his hand, threatened the F with what kind of harm the F’s body, such as taking the F’s arms by hand and taking a large voice and taking a bath, etc., and continuously arrested the F in the act of interference with the performance of official duties, and obstructed the police officer’s legitimate performance of duties concerning the handling of report and arrest of the flagrant offender.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. Photographs, etc. of damage, and the report processing statement of 112 reported case;
1. Application of Acts and subordinate statutes to a report on investigation (a statement by a wooden person) and a report on investigation (a report on images taken by a police officer);
1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3(1)12 of the Punishment of Minor Offenses Act (the point of law and the choice of fines), and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, and the choice of imprisonment) concerning the crime;
1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;
2. Determination of sentence [Opinion of Prosecutor] Imprisonment with prison labor for one year and a fine of one hundred thousand won [Judgment] Imprisonment with prison labor for six months, suspension of execution for two years and suspension of execution for a fine of 100,000 won damage the national function by nullifying legitimate exercise of public authority.