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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 22:53 on December 29, 2019, the Defendant, “C” located in Suwon-si B, and “satisfy problem”, “A police officers, who were affiliated with the D District Unit D Team of the Suwon Police Station D District Police Station, sent out after receiving 112 a report, requested the Defendant to pay the drinking value and return home from the police officers E, “hyp”, and assaulted the police officers’ body part of the police officers twice by his hand.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers in charge of handling 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. E police statement;
1. A written statement;
1. Application of the provisions of this Act to a field photograph or a photograph taken by a police officer;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order, shall be determined as ordered by considering the following circumstances.
It is necessary to strictly punish an offense of obstruction of performance of official duties as an offense of harming the function of the state by obstructing the exercise of legitimate public authority.
- there are many kinds of records that the defendant was punished for committing the crime of obstruction of performance of official duties, and there are many different previous records such as other injuries and assault.
- The defendant was aware of the crime of this case and reflected in the favorable circumstances.
- The extent of the Defendant’s assault is not serious.