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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 31, 2015, the Defendant: (a) around 03:46, at the Sinjin Police Station E-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; (b) expressed to F the police officer of the said patrol group, “I am home to her; (c) notified him of any number that I do not have to go home to her; and (d) sought a speech from F to go home to the said patrol group; and (d) again, the Defendant introduced into the said patrol group to “I am to sing off. I am to her. I am to her. I am to her.”
이에 F이 피고인을 만류하면서 위 지구대 밖으로 내보낸 후 위 지구대 출입문을 시정하자, 피고인은 시정된 위 지구대 출입문을 발로 걷어차는 등 소란을 피우고, 이를 진정시키고자 위 지구대 출입문을 열고 다가오는 F의 아랫배를 발로 1회 걷어찼다.
Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement-related Acts and subordinate statutes to F;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has the basic sphere (6-1-1-4 months) of the obstruction of performance of official duties (6-1-4 months), [decision of sentence] The defendant is not guilty of the crime by taking a bath to police officers and by exercising violence, three times the violent crime is committed, three times the violent crime is committed, and the fact that the victim did not reach an agreement with the victim is disadvantageous to the victim and is contrary to his mistake.
In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.