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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 4, 2016, around 05:50 on June 4, 2016, the Defendant intruded upon the victim C’s house located in Jung-gu Seoul Metropolitan Government, by taking it out from the outside stairs, by taking it out from the outside stairs.
2. The Defendant of the obstruction of performance of official duties may refuse a police officer’s demand to present identification cards to the police officer who was sent to the police officer under his/her jurisdiction after receiving 112 report to the effect that “the 20 male is divingd in the stairs” among those who were divingd at the time and place as stated in the above paragraph (1) of the same Article, and the police officer E, who was called the Defendant, who was sent to the Nranc Police Station Down Police Station: “I have come to go to go to go to go, to go to go to go, to go to go, to go off, to go off,” and continue to put the police officer under his/her desire to “I have to go to go to go to go to go to the police officer?” without confirming the source of his/her residence from F.
‘A police officer' has interfered with the legitimate execution of duties concerning the handling of 112 Reporting Cases by assaulting the F's chest by driving the f's chest on the shoulder with warning.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. C’s statement;
1. On-site photographs of intrusiond facts;
1. Application of Acts and subordinate statutes to investigation reports;
1. Relevant Articles 319(1) and 136(1) of the Criminal Act, the choice of applicable Articles on criminal facts, 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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;
1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and
2. Scope of recommendations according to the sentencing criteria;
(a) Basic area of the obstruction of performance of official duties (two months of imprisonment or one year or four months of imprisonment) (no person specially sentenced to the obstruction of performance of official duties).
(b) An intrusion upon residence;