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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On July 23:30, 2014, the Defendant was under significant noise due to the influence of alcohol in front of 305, Goyangyang-gu B apartment 305, Goyang-gu, Yangyang-gu. On July 11, 2014, the Defendant stated that the police officer C (the policeman belonging to the Goyang Police Station D Zone D Zone D) who was called upon 112 after having received 112 was unable to have the Defendant returned to the Defendant along with the Defendant’s daily behaviors, and that the Defendant “scambling” was “C” in the elevator with the above 305, 5, and 6 Ra, and the Defendant assaulted C’s her hand at one time and one time after drinking, thereby hindering the police officer’s legitimate performance of the duties of the police officer with regard to the duty of dispatch report.
Summary of Evidence
1. Statement by the defendant in court;
2. Application of the police protocol protocol law to C
1. Relevant legal provisions concerning facts constituting an offense, and Article 136 (1) of the Criminal Act concerning the option of imprisonment;
2. The act of using violence against police officers performing their duties to ensure the safety of citizens and maintain social order on the grounds of sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the defendant.
On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes the facts charged in this case and reflects the facts charged, the fact that the defendant is deemed to have committed a contingent crime by drunking, the fact that there is no record of crime, and the fact that the wife and her children should support
Furthermore, the sentencing guidelines as shown in the arguments, such as the Defendant’s age, character and behavior, and environment, were taken into consideration, and the sentencing guidelines for obstruction of performance of official duties, prepared by the Sentencing Committee