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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 November 11, 2018, the Defendant was sent to the hospital emergency room and received treatment by the police officer E, a police officer belonging to the Incheon Western Police Station D Zone D District, and the police officer F, who was sent to the hospital, and was sent back to the hospital emergency room and received treatment, and was sent back to the hospital, and received a recommendation for returning home, and continued to kill the chest part of the E by drinking, and interfered with the lawful execution of duties of the above police officers concerning the handling of the 112 reported case.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to F and E;
1. Application of Acts and subordinate statutes on criminal investigation reports ( telephone conversations for witnesses at the scene);
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
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 scope of the recommended sentence] shall be the basic area (six months to one year and six months) of the obstruction of performance of official duties; and
2. Determination of sentence: The nature of the crime in light of the background of the crime in this case and the degree of assault, etc.;
In order to establish the legal order, crimes that obstruct the legitimate performance of police officers' duties are recognized to require strict punishment.
However, there is no other punishment in addition to the punishment of a fine once due to the crime of assault, which leads to the confession of a criminal defendant and reflects his/her wrongness.
In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.