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A defendant shall be punished by imprisonment for not less than eight 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
1. On May 2, 2019, at around 21:30 on May 2, 2019, the Defendant obstructed the victim’s party business by force for about 15 minutes, i.e., “the 15 minutes old-gu mine building in Gwangju, Gwangju, and the 3rd floor area operated by the victim C (the 46-year-old age) and the D party operated by the victim C (the 46-year-old age), who was frighting with the victim and reported the victim to the police by assaulting the victim, and trying to take the gu party business and equipment toward the victim.”
2. When the Defendant was arrested as a flagrant offender with obstruction of business from the police officers F belonging to E District E District, who was dispatched to the site after receiving C’s report of 112 on the front of the front of the party gate as stated in Paragraph 1 of this Article, the Defendant assaulted F’s right side side side on the left side of the Defendant’s left side in the patrol vehicle, and assaulted F’s face side on one occasion on the left part of the Defendant’s left part in the patrol vehicle.
Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of a police officer's report.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C, F, and G;
1. Application of Acts and subordinate statutes, such as photographs of police officers;
1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act, the choice of punishment for the crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of recommended sentences according to the sentencing criteria;
(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment
(b) Class 2 (Interference with Business) Crimes (Determination of Punishment) and interference with business.