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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On December 19, 2017, the Defendant interfered with the performance of official duties: (a) on the frontway B of Sungnam-gu, Sungnam-si; (b) on the frontway B, Sungnam-gu; (c) on the brea-gu, Sungnam-gu; (d) on the brea-gu, Sungnam-gu; (c) on the duty patrol team for the crime prevention police officers assigned to the Sungnam-nam Police Station where the b
가 경찰이야, 씨 발 꺼져 ”라고 욕설을 하고, 위 C이 피고인을 일으켜 세우려고 다가가자 노상에 누운 상태에서 발로 위 C의 배 부위를 1회 찼다.
As a result, the defendant interfered with legitimate execution of duties concerning the crime patrol of the above C, a auxiliary police officer.
2. The Defendant, at around 22:33 on the same day, was arrested in E District D in Seongbuk-gu, Sungnam-gu, Sungnam-gu, and was dissatisfied with the charges, such as interference with the performance of official duties as above, and the victim F, a police official belonging to the above District, “Imson’s error.”
1.1 Doz. Doz. Doz.
In light of the fact that the victim was arrested under suspicion of interference with the performance of official duties from the above victim, the victim publicly insultingd the victim by referring the victim “I am shot, I am shot, I am shot, I am shot, I am shot, I am shot,” while hearing two civil petitioners on his name.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to C, G, H, and F;
1. Application of Acts and subordinate statutes to accusation reports and investigation reports (to attach and analyze CCTV images in the E District);
1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Application of the sentencing guidelines to a majority of crimes that have no basic area (six months to one year and six months) (the person subject to special sentencing) of the basic area of the first type (Interference with the performance of official duties and the coercion of official duties) on the basis of the sentencing guidelines: Imprisonment with prison labor for not less than six months (the offense of insult for which the sentencing guidelines have not been set and the offense of insult for which the sentencing guidelines have not been set are concurrent with the offense of Article 37 of the Criminal Act). Thus, the sentencing guidelines are set.