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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 27, 2015, around 16:05, the Defendant, on the ground that he was crossing D without permission in front of the “D” located in Jeju-si, Jeju-si, Police Station E DistrictF belonging to the E District Police Station in Jeju-dong, and the Defendant abused F with her face while taking a bath to F.
Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (six months to one year and four months) (the prevention of interference with the performance of official duties and the coercion of official duties) shall be limited to the category 1 (the prevention of interference with the performance of official duties).
2. The Defendant imposed a sentence by exercising force on a police officer who regulates unauthorized crossing. The Defendant committed the instant crime by exercising force on the police officer, and such crime obstructing the performance of official duties is an offense that undermines the function of the State by nullifying a legitimate exercise of public authority, and requires strict punishment corresponding thereto to establish national legal order and eradicate the light of the public authority.
However, in light of the fact that the defendant confessions all of the crimes of this case and repents his mistake, there is no record of punishment or punishment exceeding the fine for the same kind of crime, the amount of punishment in similar cases, the age, sex, environment, means and result of the crime, circumstances after the crime, and other various sentencing conditions as shown in the arguments of this case, the punishment shall be determined as ordered.