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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
1. On March 9, 2014, at around 04:35, the Defendant obstructed the victim’s taxi business by getting on a taxi operated by the victim C from the private transport distance located in the New-dong, Yangcheon-gu Seoul Metropolitan Government, and having arrived at the front day of Gangseo-gu Seoul Metropolitan Government D, and without paying KRW 10,540, a taxi fee of KRW 10,540, and taking a bath for about 30,00, the Defendant obstructed the victim’s taxi business.
2. On March 9, 2014, at around 04:50 on March 9, 2014, the Defendant had been forced to produce identification cards from G in the circumstances surrounding the said district unit where he had been satisfed due to the taxi rate under the foregoing paragraph (1) to the F District Office located in Gangseo-gu Seoul Metropolitan Government E, and obstructed the police officer’s legitimate execution of duties by assaulting the Defendant, who was satisfing the flag and satch flaf.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Application of Acts and subordinate statutes of each police statement protocol to C and G;
1. Article 314(1) and Article 136(1) of the Criminal Act for the crime at issue (the point of obstruction of performance of official duties)
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of recommended sentences according to the sentencing criteria;
(a) Crimes of obstruction of the performance of official duties [Punishment of Crimes of obstruction of the performance of official duties] / Forced execution of official duties (Scope of sentence of recommendation] 6 months to 1 year and 4 months (basic area)
B. Since the sentencing guidelines for handling multiple crimes are competition with the crime of obstruction of performance of official duties and the crime of interference with business against which no sentencing guidelines are set, the lower limit of the sentencing guidelines for the crime of obstruction of official duties shall be observed.
2. The Defendant has not been agreed with the victims until now.