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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
Criminal facts
At around 20:00 on September 1, 2019, the Defendant reported 112 to the stairs of Multi-household B located in Eunpyeong-gu Seoul Metropolitan Government, and the Defendant assaulted on three occasions the following occasions: (a) “I would inform you of the drinking water,” and “I would like to inform you of the drinking water,” while coming off from the rooftop of Eunpyeong Police Station C Zone C District of D, a police officer belonging to the above loan, called “I would know you about the drinking water.”
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. Application of Acts and subordinate statutes to notify departments related to site photographs and 112 reports;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 136 (1) of the Criminal Act;
1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: Imprisonment for not more than five years;
2. Application of the sentencing criteria [Determination of Punishment] There is no category of the obstruction of the performance of official duties (the obstruction of the performance of official duties/performance of duties) (the scope of recommendations and recommendations), basic area (the scope of recommendations and recommendations), six months to one year and six months.
3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years (unfavorable circumstances) and that the degree of obstruction of performance of official duties for the defendant's mental illness seems to have influenced the crime, and that the defendant's wrong behavior is divided and received in good faith treatment for mental illness;