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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 25, 2014, at around 21:14, the Defendant was going to look at the taxi rate, etc. from the front of the Dongcheon High School located at 71-15, 75-ro, Namcheon-gu, Incheon, Incheon, Dongcheon High School, which received a report of 112, and received a request for returning home from C, and obstructed the progress of the patrol vehicle, and obstructed the police officer’s legitimate performance of official duties on the maintenance of public order, etc., with the chest’s chest Does belonging to the said patrol vehicle, who was pushed down by hand and pushed up at C’s face.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C or D;
1. Application of related Acts and subordinate statutes to photographs;
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The balance of recommendations according to the sentencing guidelines [the scope of recommendations] and the basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (the scope of recommendations]; and
2. Although the nature of the instant crime is not good, the sentence shall be determined within the scope of the sentence for recommendation, taking into account the following factors: (a) the Defendant appears to recognize and reflect the Defendant’s criminal act; (b) the Defendant has no criminal record for the same kind of crime; and (c) the Defendant’s age, character, conduct and environment, etc.