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A defendant shall be punished by imprisonment with prison labor for up to six 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
At around 22:30 on June 4, 2020, the Defendant was under the influence of alcohol on the roads of “C” located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and received 112 reports to the effect that “A male is growing on the road,” and she was on his/her own boarding at the back seat of the patrol vehicle located in the Incheon Gyeyang-gu, Incheon, Gyeyang Police Station D Zone E, which was called, without reporting the defect, residence, etc. to have his/her slope E returned to the Defendant.
Accordingly, the Defendant was on board the patrol vehicle, which was in operation for the purpose of having the Defendant returned to the patrol vehicle and was going off at around 22:50 on the same day, and the Defendant still did not speak at his residence. Accordingly, the police officers, such as the E, etc. posted the Defendant on the front of the F apartment in Incheon Gyeyang-gu, and attempted to depart from the patrol vehicle after getting off the Defendant on the front of the F apartment, collected the mobile phone carrying the patrol vehicle on two occasions without any reason, and continued to go off the patrol vehicle by getting off the E while getting off from the said patrol vehicle, and assaulting the Defendant, such as having the Defendant pushed off and rewing the E in his arms.
Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officers and the protection of people's lives, bodies and properties.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to screen pictures after reporting an investigation into the statement of the police to E (report on hearing the victim E phone statement);
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended sentence according to the sentencing guidelines [the category 1] the obstruction of performance of official duties (the scope of the recommended area and the recommended punishment], the basic area of the obstruction of performance of official duties (the scope of the recommended area and the recommended punishment], six months to one year and six months;
2. Determination of sentence: (a) comprehensively taking account of the various sentencing conditions indicated in the instant case, such as the circumstances following the determination of sentence; (b) the Defendant’s age, character and conduct, family relationship; (c) motive and mode of the commission of the crime; and (d
(b)bed;