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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 of the final judgment.
Reasons
Punishment of the crime
When the Defendant, at “C” where he works as his employee, experienced inconvenience due to the pents installed as part of the landscape improvement project at the end of August 2014 in the front of the neighborhood living facilities (mat building) newly built in Gyeongjin-gun, Ulsan-gun, U.S., the Defendant: (a) sought the victim F, E in Ulsan-gun, U.S., E, who installed the above pents, to remove the said pents on several occasions; and (b) sought the victim’s answer from the victim to the effect that “I will see another department which is not our office,” and (c) sought the victim’s answer from the victim to the effect that “I will see the victim’s will interfere with the performance of his duties by examining the documents appearing on the above pents.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to F and G;
1. A president of the F;
1. Application of Acts and subordinate statutes to investigation reports (a certificate of employment submitted by a victim and a copy of a public official certificate);
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. Article 62(1) of the Criminal Act (see, e.g., part of the reasons for sentencing)
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. From six months to one year and four months of imprisonment with prison labor set forth in the sentencing criteria (the basic area of the obstruction of performance of official duties, and special persons: No such factors as increase or decrease shall be applicable);
2. Prisoners;
(a) Aggravation: None; and
(b) Reduction elements: Reduction of punishment; and
3. Criteria for suspension of execution;
(a) Major positive factors: A disposition not to be imposed;
(b) No reason for general positive consideration:
(c) Causes for negative consideration: There are no major and general reasons; and
4. Determination of sentence: Imprisonment with prison labor for eight months, probation two years, community service order for 80 hours, probation.