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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 12, 2017, at around 00:35, the Defendant obstructed the victim’s food delivery service by force for about 20 minutes, such as: (a) the Defendant: (b) demanded the victim D who desires to get off the Defendant to get off the Defendant to deliver the Defendant, while under the influence of alcohol in front of the C cafeteria located in Busan Metropolitan City; and (c) demanded the victim D to get off the Defendant to get off the Defendant’s food delivery service without any justifiable reason; and (d) the victim should not be the victim.
2. On October 12, 2017, at around 01:00, the Defendant: (a) arrested the Defendant as a flagrant offender of the police officer, F, etc. belonging to the Gyeonggi Police Station E District, who was called up after receiving a report on 112 at the said place; (b) transferred the Defendant to E district located in G at Gyeongsan-si; (c) around 02:13 on the same day, F, in order for the Defendant to replace the Defendant’s party’s lock at the office of the said district; and (d) committed assault, such as opening the victim’s head car by asking him/herself to replace the Defendant’s lock.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation and prevention.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or F;
1. Report of investigation (verification of CCTV installed in a district office), application of photographic Acts and subordinate statutes;
1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended punishment according to the sentencing guidelines for the crimes No. 1 (Obstruction of Execution of Official Duties) are the basic area (from June to one year and six months) of the 1 type (Interference with Execution of Official Duties), the basic area (from June to one year and six months) [the scope of the recommended punishment] of the crime No. 2 (Interference with Duties] of which there is no person subject to special sentencing], and the basic area (Interference with Duties) of the 1 type (from June to June) of the 1 type (Interference with Duties).