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A defendant shall be punished by imprisonment for not less than eight 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
1. On October 26, 2015, the Defendant: (a) around 01:20, at the main point of “D” located in Sinju City, the Defendant Do drinking alcohol; (b) sought to go to female customers seated in the vicinity; and (c) sought to wear clothes from the victim E (52) who was a witness. However, the victim took the clothes of the Defendant; (d) was able to take the clothes of the Defendant; and (e) was able to take the clothes from the Defendant’s back; and (e) was fright to the left part of the victim who was behind the Defendant’s left part; and (e) assaulted the victim by taking back the latter part of the victim’s left part by hand.
2. On October 26, 2015, the Defendant: (a) received a 112 report that he/she was frighting to go to customers under the influence of alcohol at the above main point; (b) received a request for confirmation of the identity from the background G of the F District of the Gongju Police Station, and the slope H; and (c) received a recommendation to return home as soon as possible.
Accordingly, Defendant 1 expressed to the above police officers that “I am the gue in which they had seen.” The head of the above G(45 years of age) was the head of the Defendant’s drinking, and the head of the above G(45 years of age) was assaulted with the face of G, the head of which was well-known, as the head of the Defendant’s drinking.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of police officers' crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made in relation to I, E, and G;
1. G statements;
1. Application of Acts and subordinate statutes to investigation report (for victim E and telephone conversations), and
1. Relevant Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Type 1 (Obstruction of Performance of Official Duties) that applies the sentencing criteria (Scope of the recommended punishment). The one type (Obstruction of Performance of Official Duties/ Compellion) shall interfere with the performance of official duties;