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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On April 15, 2016, when the Defendant was under the influence of alcohol on the street in Jeju Island, around 22:45 on April 15, 2016, the Defendant was called to the site after receiving a report of 112, and solicited the Defendant to have the Defendant returned to the site and returned to the site, and the Defendant was called to the slope E belonging to the Police Station D branch of the Jeju-dong Police Station;
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Accordingly, the defendant interfered with the legitimate execution of duties of the police officer on the 112 mobilization service.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement;
1. A report on an investigation, a report on an investigation (in cases of mobilization, etc.), a report on an investigation (in cases of attaching patrol records and video materials), and a report on an investigation (in cases of hearing statements by a victimized police officer
1. Application of Acts and subordinate statutes, such as related photographs, black stuffs, and photographs;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (six months to one year and four months) (the prevention of interference with the performance of official duties and the coercion of official duties) shall be limited to the category 1 (the prevention of interference with the performance of official duties).
2. Interference with the decision-making of a sentence of punishment is an offense that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus requires strict punishment. In particular, in light of the fact that the Defendant committed the instant crime by assaulting the body of a victimized police officer several times, and that the Defendant has the history of having been punished several times due to a previous violent crime, the Defendant is subject to strict punishment for the Defendant.
However, the fact that the defendant led to the crime of this case and repented his mistake, that 40,000 won is deposited by the damaged police officer E as his principal, that there is no record of the same crime, and that there is no record of the same crime.