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A defendant shall be punished by imprisonment for not less than five 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
On November 21, 2018, at around 10:20, the Defendant was recommended to return home from E by the chief of the police station of the Seocheon-si Police Station, who received 112 report and called “C” at the “C” parking lot located in Seocheon-si B, Seocheon-si. In addition, the Defendant was urged to return home from the chief of the police station of the Seocheoncheon-si Police Station, who called.
The Defendant, who was demanded to return home from the above E without any justifiable reason, brought a bath to the above E and threatened him with his hand without any reason, and assaulted the above E’s knife with his hand and knife with his knife and knife.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused;
1. Statement to E by the police;
1. To serve a 112 reported case handling slip, a public official certificate, and a police box;
1. Application of Acts and subordinate statutes to investigative reports, motion pictures and videos taken by police officers;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.
3. Determination of sentence: (a) comprehensively taking into account the circumstances following a crime, the Defendant’s age, character and conduct, family relationship, economic circumstances, etc., and the various sentencing factors indicated in the trial, such as the report of this case and the developments leading up to the dispatch of the case; (b) means and methods of obstructing official duties; and (c) the extent of assault is relatively minor;