Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 10, 2017, around 03:23, the Defendant: (a) on the street in front of the D District District of the Landong Police Station D, Busan, Busan, and (b) did not pay a fare after getting off a taxi, and (c) did not pay a taxi driver and the Defendant who was in a scambied, on a one-time occasion, at the police station of the Landong Police Station D Do, who tried to file a petition with the Defendant.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police statement protocol to E;
1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment recommended according to sentencing guidelines] The act of obstructing the performance of official duties shall be punished strictly, and the act of obstructing legitimate performance of official duties is also very poor.
However, the execution of punishment shall be suspended only once, considering the defendant's age, sexual conduct, environment, motive and means of crime, circumstances after crime, etc., which are shown in the arguments of this case, such as the fact that the defendant appears to reflect, that the defendant was the first offender without a previous conviction, the fact that the victim police officer agreed to do with the police officer is more favorable than others.