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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 22:20 on December 8, 2014, the Defendant: (a) filed a report with 112 report that sound disputing the roads in front of the C main point in Chungcheongnam-gun, Chungcheongnam-gun; and (b) obstructed the Defendant’s lawful performance of duties regarding the handling of reports by E police officers and G, including, but not limited to, a frighter, a slope belonging to the D District District of the Police Agency where the Defendant was dispatched upon receipt of 112 report, to the end that the Defendant would have a fright, dispute, or fright; and (c) to identify the Defendant’s personal information.
Summary of Evidence
1. Statement by the defendant in court;
1. Police suspect interrogation protocol of the accused;
1. The police statement of E and G;
1. Application of Acts and subordinate statutes on the table of cases of investigation report (Attachment of photographs), 112 report;
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crimes of obstruction of performance of official duties against E with heavier punishment).
3. Selection of sentence of alternative imprisonment;
4. Article 62 (1) of the Criminal Act;
5. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.
1. Recommendations based on sentencing standards;
(a) Type 1 (Obstruction of Performance of Official Duties and Compelling Performance of Duties) is mitigated (one month to eight months).
(b) Where the degree of special mitigation is minor; and
2. Determination of sentence is deemed to have committed the crime of this case in contingency under the influence of alcohol, the defendant repented and led to his mistake, and other circumstances shown in the pleadings of this case, such as the defendant's age, character and conduct and environment, shall be determined as ordered by taking into account all the circumstances shown in the arguments of this case;