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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 31, 2015, from around 01:00 to around 01:40 of the same day, the Defendant interfered with the operation of the victim’s main points by force for about 40 minutes, including that the victim C (n, 55 years of age) was at the time with the victim due to the payment of the drinking value, and that the victim got sound due to the payment of the drinking value, and that the victim’s noise was obstructed by force.
2. The Defendant interfered with the performance of official duties at the time border and the above main point specified in paragraph 1, and thereby interfered with the legitimate performance of duties of the above F in relation to criminal investigation and maintenance of order by assaulting the above F, which is a police official, by assaulting the F, who is a police official, to assault the said F, and thereby obstructing the performance of duties of the F in relation to criminal investigation and maintenance of order, etc., in order to have the F, etc. demanded for spacing agents and returning home from the police officer F, etc. who was called out after receiving a report on the disturbance as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement with respect to C and F;
1. Application of the G’s written Acts and subordinate statutes;
1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of sentence recommended according to the sentencing criteria;
(a) Interference with the business of obstructing [the type of decision] interference with the business of interfering with the business (the scope of recommended punishment] and there is no special element for sentencing [the scope of recommended punishment] for not less than 6 months but not more than 1
(b) No interference with the performance of official duties (a type of decision) shall interfere with the performance of official duties (special sentencing factors) by obstructing the performance of official duties. [Scope of recommended punishment] From 6 months to 1 year and 4 months;
(c) Imprisonment with prison labor for not less than six months but not more than two years and not more than two months as a result of handling multiple crimes;
2. The defendant, who was sentenced to punishment, committed an act of disturbance at the main points under the influence of alcohol, obstructed the duties of the main points, and the police officer called out to the scene, interfered with the execution of official duties by assaulting the police officer who called out to the scene without complying with his/her criminal act.