Text
A defendant shall be punished by imprisonment with prison labor for up to 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 October 10, 2015, at around 06:50 on Pyeongtaek-si B, the Defendant visited D, who is a restaurant proprietor, to have a complaint about the fact that the Defendant received the notification by the same scam-type on the front of the C cafeteria located in Pyeongtaek-si B, and caused the disturbance.
When the Defendant was asked from the police officer F of the Bupyeong-gu Police Station E District Unit, who was dispatched to the site after receiving a report of 112 to avoid disturbance in the above restaurant, and was asked questions about the circumstances of the instant case from the police officer F of the Bupyeong-gu Police Station E District, the Defendant sent to the site, followed the Defendant by a letter of notification of KRW 50,000,000,000,000,000,000,000,000 won.
As a result, the defendant interfered with the legitimate execution of duties by police officers on 112 reported mobilization and suppression of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement made to F and D;
1. A photograph of a C cafeteria CCTV closure;
1. Application of Acts and subordinate statutes of the 112 Reporting Case Handling List;
1. Article 136 (1) of the Criminal Act applicable to the crime;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Where the sentencing criteria are applied [the range of recommending punishment] the area of mitigation (one month to eight months) (special mitigation], and the extent of violence, intimidation and deceptive scheme is minor;
2. The crime of obstruction of the performance of official duties in the determination of sentence is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus requires strict punishment. However, the judgment is rendered as ordered in consideration of the following circumstances as revealed in the records, such as the recognition of the facts charged in the instant case and the reflection of the Defendant’s mistake, the fact that the Defendant committed an accident by drinking, the first offender, and other circumstances indicated in the records.