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A defendant shall be punished by imprisonment for 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
Punishment of the crime
On January 25, 2018, the Defendant, at around 00:15, 00:15, repeatedly boomed on his own vehicle in front of the Vietnamese, which was in front of Kimcheon-si, without any justifiable reason, under the influence of alcohol. Upon receiving a report from neighboring residents, the Defendant asked him/her to state his/her personal information from the police officer D who was called out after receiving the report. The Defendant himself/herself to go to the said police box and requested him/her to go to go to the said box and voluntarily was accompanied by the said box.
이후 피고인은 2018. 1. 25. 00:50 경 위 파출소에서 욕설을 하고 책상 위에 올라가 모니터를 손으로 밀어 넘어트리는 등 소란을 피우던 중 파출소로 찾아온 모친을 보고 더욱 흥분하여 계속 소란을 피우다가 위 D으로부터 제지 당하게 되자 화가 나 발로 위 D의 왼쪽 허벅지를 1회 걷어찼다.
Accordingly, the Defendant interfered with the legitimate execution of duties concerning the management of the police box and the maintenance of order.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes on site photographs and CCTV photographs;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. The reasons for the sentencing of Article 62-2(1) of the Social Service Order Act [the scope of recommended punishment] [the grounds for the sentencing of Article 62-2(1) of the Criminal Act / [the scope of recommended punishment ] There is no person who has been sentenced to a special sentencing / [the person who has been sentenced] [the person who has been sentenced to a fine for interference with the performance of official duties] / The person who has been sentenced to a fine once due to interference with the performance of official duties and the degree of interference with official duties is not easy. The person is selected to be sentenced to imprisonment in consideration of the fact that the appraisal of the mother and the child present in the district group at the time was one of the reasons for the crime, there was no other criminal conviction except for the fine, there was no other criminal conviction, contrary to the mistake, and the problem of drinking habits.