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A defendant shall be punished by imprisonment for four 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 March 15, 2016, when lighting around 01:00, the Defendant avoided a disturbance by drinking alcohol to D who is in a de facto marital relationship at the Defendant’s house in C apartment house.
On the same day: 02:30 on the same day, police officers F belonging to Gwangjin-gu Police Station E sent to the above defendant's house, and filed a petition against the defendant and investigated the circumstances of the case.
On the same day, around 03:25, the above D made a dangerous speech and behavior, and requested the escape of the defendant who is suffering from disturbance, and the police officer F made the escape of the defendant, and the police officer F took the place outside of the door.
Defendant 1, on the ground that he prevented himself from the apartment stairs in front of the present door, is too few police officers;
C. The expression “CM” was boomed and assaulted on four occasions the parts of the above F’s clothes for drinking.
As a result, the Defendant interfered with the legitimate execution of duties by police officers on the duty of maintaining public order.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Written statements of D;
1. Application of Acts and subordinate statutes to public officials' copies of evidence;
1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor (the following extenuating circumstances among the reasons for sentencing shall be considered):
1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is [the scope of the recommendation] interference with the performance of official duties, and there is no person [the person subject to special sentencing] in the basic area (from June to January 1, and April) [the sentence] of Article 62(1) of the Criminal Act (the grounds for sentencing as set forth below] of the Act on the Suspension of Execution of Official Duties. The crime of this case is committed in four times by a police officer who is performing official duties, and it is disadvantageous to the fact that the crime is committed in light of the applicable law.
However, considering favorable circumstances, such as the fact that the defendant recognized his mistake and reflects it, and that the defendant has no record of being punished for the same kind of crime or violent crime, and all the conditions of sentencing stipulated in Article 51 of the Criminal Act, are considered.