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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 18, 2019, around 05:50 on September 18, 2019, the Defendant: (a) boarded a taxi in front of Songpa-gu Seoul Metropolitan City Sungsung Party C; (b) on the back seat, the Defendant received 112 report from an taxi engineer that “the passenger will not have arrived at the destination; (c)” and demanded the F to stop patrol to pay a taxi fee and to be urged to return home from E in the circumstances where the Seoul Song-gu Police Station D District was called to the site; (d) however, the Defendant obstructed the front of the patrol on the ground that the said E refuses to return home while getting on and off the taxi.
Thus, the above E announced the Defendant’s arms to India, and the police officer reported 112 fraudulently that “the police officer dice dices on his body, assaulted by the police officer,” and the police officer attempted to stop the patrol car or open the back of the patrol car despite the police officer’s warning.
As a result, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate duties on handling 112 reports and maintaining public order.
Summary of Evidence
1. The police statement concerning G;
1. A list of 112 reported cases handled, and a detailed statement of 112 reported cases handled;
1. Application of Acts and subordinate statutes to investigation reports (Attachment to Video CDs, etc.);
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 44-2 of the Act on Probation, Medical Treatment Order and Custody, etc.;
1. Scope of punishment by law: One to five years of imprisonment;
2. The scope of the recommended sentence according to the sentencing guidelines [the decision of type] the obstruction of performance of official duties and coercion of duties [the person in special form] - the mitigation element: Violence minor [the scope of the recommended area and the recommendation range] mitigation range, imprisonment with prison labor for one month to eight months [the general person in general form] mitigation element: mental and physical disability [the grounds for suspension of execution] - Major pride reasons for suspension of execution: Minority minor minor - Minority minor grounds for general pride: serious reflection.
3. Determination of sentence: Four months of imprisonment and two years of suspended sentence;