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A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 16:10 on November 13, 2016, the Defendant considered C (4) as the Defendant’s children in front of the Defendant’s house located in Ulsan-gu B, Ulsan-gu.
D A request was made to ensure that a fire-fighting person belonging to the Ulsan-dong Fire-Fighting Center E119 Safety Center was sent to the head of the fire-fighting department upon the request of the fire-fighting co-operation under the report 112, and a request was made to request that the fire-fighting person complained of telegraph pains to send them after the call.
피고인은 “ 집 안으로 들어오지 마라. 꺼져 라. 씹할 놈들 아. ”라고 욕설을 하고, F으로부터 욕을 하지 말라는 말을 듣자 격분하여 손으로 F의 멱살을 잡아 밀치고 피우던 담뱃불을 F의 얼굴을 향해 던지려는 시늉을 취하였다.
As a result, the Defendant interfered with the legitimate performance of duties of the fire officer on the transportation of emergency patients.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the law of the police statement protocol to F;
1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Type 1 (Interference with and Forced Performance of Official Duties) [The elements of mitigation of punishment: (1)] Imprisonment with prison labor for one month or longer to eight months (the scope of recommendation] [the scope of suspension of execution] The grounds for suspension of execution are comprehensively compared and assessed - There are no major reasons for suspension of execution - There are no positive factors: No positive factors: No positive factors - there is no reason for suspension of execution - there is no reason for negative general consideration - there is no positive reason: The detention of the defendant is accompanied by excessive difficulty (the detention of the defendant is being neglected) for his/her dependants;
2. Records of crimes subject to additional consideration (no criminal record for the same offense);
3. Six months of imprisonment with prison labor and one year of suspended sentence;