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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On June 13, 2017, the Defendant: (a) 02:00 on the street in front of Daejeon-gu Daejeon-gu, Daejeon-gu, on the ground that D was under the influence of alcohol and was unable to drive D; and (b) was able to obtain a recommendation for returning home from D’s police officer belonging to the Edistrict in the Daejeon-dong Police Station, Daejeon-gu, Daejeon-gu, upon receiving D’s 112 report; (c) was obstructed the operation of the patrol for about 10 minutes, opening the driver’s seat of the patrol and opening the door, and recommended the F to return home again from the patrol; (d) the Defendant called “Yei fro fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl.”
As a result, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers on handling 112 reported cases.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes of D;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that there exists not only a criminal record who has been punished several times due to violence but also a criminal record which has been punished once due to a crime of obstructing the performance of official duties: The fact that there is a reflective nature; and