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The punishment of the accused shall be eight months by imprisonment.
However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 16, 2018, at around 19:17, the Defendant 19:12 reported that the Defendant frighted in the first floor of the building B in Seoul, China-gu, and used the Defendant’s mobile phone fall from D (33 arche) affiliated with the Seoul Central District Police Agency, which was called to the site, to dry the Defendant’s cell phone falling into the floor, and used the Defendant’s mobile phone booming on his hand without any reason, and used the Defendant’s cell phone booming on his hand one time at D’s left left buck, and assaulted D’s chest once.
Accordingly, the defendant has prevented legitimate execution of duties concerning the prevention and investigation of crimes by police officials.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D (Interference with the execution of public duties);
1. A E-document;
1. Application of the 112 Report Processing List, CCTV images CDs, and each photographic statute;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act;
1. Type 1 (Interference with the performance of public duties and coercion of duties) area (six months to one year) of the basic area (one year from one year and six months) of the recommended punishment according to the sentencing criteria; and
2. The Criminal Procedure Act provides a 112 report due to the disturbance caused by the Defendant’s decision on the sentence and takes a bath to police officers called out, and the crime that uses violence is not easy in light of the degree of the use of violence, etc.
Furthermore, the defendant has a record of criminal punishment by obstructing the performance of official duties in 2011, and there are several occasions of criminal punishment due to the use of violence.
On the other hand, the defendant seems to have recognized and reflected the crime.
In addition, the sentencing conditions specified in the records and arguments, such as the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., shall be determined as the order.