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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around 03:10 on December 17, 2016, the Defendant’s insultd the victim C (police officers belonging to the Seoul Gangseo-gu Police Station D police station) who was called “Isk-gu with a taxi passenger and a trial passenger” before Gangseo-gu Seoul Metropolitan Government B, with the statement that I would resolve the issue of a taxi engineer and the issue thereof through a criminal complaint, and the Defendant sent this ring out “Isk-kick and dwark-kicker,” among those with a taxi engineer E and a person with an untitled name.
In this case, why we see, why we do not see, why we see, and why you see the article.
The victim openly insultingd the victim by referring to the large bitch bitch bitch bitch, “.”
2. The Defendant interfered with the performance of official duties at the same time and place as Paragraph 1, and the police officer C sent a taxi engineer as described in Paragraph 1, and again sent the Defendant a new statement that “the problem with the taxi engineer is resolved through a complaint,” the Defendant was able to c face with his body sealed, and c face with his head.
Accordingly, the defendant assaulted a police officer who performs his duties, thereby obstructing the police officer's legitimate execution of duties concerning the handling of reported cases.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. Application of Acts and subordinate statutes of E;
1. Relevant Article 311 of the Criminal Act concerning the facts constituting an offense, and Article 311 of the Criminal Act concerning the selection of a penalty (a point of insult, a choice of imprisonment), and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties and a choice of imprisonment);
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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) interference with the performance of official duties / [Scope of recommended punishment ] The Basic Area of the Act on the Interference with the Performance of Official Duties (Obstruction of Performance of Official Duties / Forced Performance of Duties) (6 months to 1 year and 4 months) (a person with special sentencing)
(b) Interference with the execution of official duties for which the sentencing guidelines are set, and no sentencing guidelines are set.