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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 13, 2020, the Defendant: (a) around 21:40 on the front side of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, “the taxi passenger does not pay a taxi fee;” (b) was requested to present an identification card from D and E to a police officer affiliated with the Seoul Seodaemun-gu Police Station C police box, which was called after receiving 112 report; (c) in response, the Defendant was able to see the above E’s scenic value by hand, and was able to boom the flab, and was able to carry the flab with the hand.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and D;
1. Police statements prepared in F;
1. Each investigation report (the receipt of evidentiary materials, the service log of a police box, and attaching a list of 112 reported cases);
1. Application of Acts and subordinate statutes to photographs taken of victim's wife D;
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
1. Articles 40 and 50 of the Criminal Act of the Commercial Compact (a punishment imposed on D with a heavier penalty);
1. The sentencing criteria are not set on the grounds of the sentencing of the selective sentencing of the penalty.
In the case of this case, the sentencing criteria shall not be reviewed because each crime of this case is in a mutually competitive relationship.
The defendant, under the influence of alcohol without any particular reason, committed an assault against a police officer on official duty, and the degree of such assault is not less severe, and the defendant was subject to criminal punishment for the same and a different crime, and in particular, on October 22, 2019, the Seoul Western District Court sentenced the defendant to imprisonment with prison labor for six months, suspension of execution of one year, and fine of one hundred thousand won on October 30, 2019, which became final and conclusive and conclusive on October 30, 2019, and did not commit the crime of this case again while serving as a result of the suspension of execution.
The age, character and conduct, the environment, the circumstances before and after the crime, and the circumstances of the crime.