Text
A defendant shall be punished by imprisonment for 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 January 1, 2019, at around 03:27, the Defendant took a bath to “C cosmetic” in front of the “C cosmetic,” which was called “F at the D entrance,” and was urged by two male workers to return home from F in the circumstances belonging to the E District District of the Tong-gu Police Station, through a report of 112, and called “Ye-gu, Ye-gu, Ye-gu, Zekkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkknnnnnnnnnnnnnnnnnnnnnnnnnnnnnn F.”
As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol to G and F
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;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.
3. Determination of sentence: Imprisonment with prison labor for six months, suspended sentence one year (80 hours of community service) (limited to 80 hours of community service) and a crime that interferes with police officers' performance of official duties is required to be strictly punished in order to establish a law and order in the country and eradicate the light of public authority;
Considering the background of the crime, the part of the violence, etc., the quality of the crime can not be considered to be light.
However, it is difficult to see that the degree of violence is very serious, and the defendant has made a mistake on the second trial date, and the defendant has been punished as obstruction of performance of official duties.