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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
At around 02:00 on October 23, 2019, the Defendant, at the entrance of a singing practice room located in Gangnam-gu Seoul, Gangnam-gu, Seoul. Around 02:00, the Defendant was urged to return home from the slope D belonging to the Seoul Gangseo-gu Police Station, who called to the site after receiving a report of 112, and was called to the site after receiving the said D’s incidental axis, and used the said D’s d’s flaps on the ground that the said D continued returning home, and used the said D’s flaps, and boomed the said D’s flaps on the ground that the said D continued returning home.
Accordingly, the defendant interfered with the legitimate performance of duties by police officers on 112 reported duties and crime prevention.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. E statements;
1. Application of Acts and subordinate statutes to photographs (the chest of a police officer, which is removed by a defendant);
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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.
3. Determination of sentence: A sentence of imprisonment with prison labor for six months and suspension of execution for two years, and the nature of the crime in this case is not weak in light of the methods and results thereof, and the defendant has been sentenced several fines due to the same kind of violent crime or obstruction of performance of official duties in the past, and there is a record of punishment.
On the other hand, however, there are favorable circumstances such as the confession of the instant crime and the reflection of depth of the Defendant, such as the age, family relationship, environment, and circumstances after the crime.