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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From November 18, 2019 to around 23:45 of the following day, the Defendant obstructed the business of the victim’s bar business by force over about 35 minutes, such as: (a) the victim’s “D” point operated by the victim C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) the victim had a conflict of opinion in relation to the calculation of the drinking value with the victim; and (c) the victim has expressed his/her desire to “the crys, to the end of the year, to the end of the year, to the end of the year, to the end of the year; and (d) the victim’s bar business.
2. At the date, time, and place as mentioned in the above Paragraph (1) above, the Defendant of the obstruction of performance of official duties recommended the Defendant to pay the drinking value and return home to the Defendant by the police officer affiliated with the E police box called upon the above 112 report related to the obstruction of official duties, thereby threatening the Defendant to have the shoulder of the above F and the chest part of the breast part of the said police box carried in hand by hand, and threaten the Defendant to take the face of the drinking, and then, again, the Defendant expressed at the front of the above main point of the police box, “Is without a frisome,” “Is this frier,” and “Is this frier,” who was on board other than G, and obstructed the police officer of the said police box, who was on board, and 2 other than G, by using the force of patrol by inserting his bridge under the bottom of the said patrol assistant.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to 112 report processing and patrol duty.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G and C;
1. Application of Acts and subordinate statutes to a therapy screen;
1. Relevant Articles 314(1) and 136(1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;
2. Scope of recommended sentences according to the sentencing criteria;
A. First Crimes (Obstruction of Performance of Official Duties) (Determination of Punishment).