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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 16, 2020, the Defendant assaulted D, on the top of Seo-gu Seo-gu, Daejeon, Seo-gu, Daejeon, Daejeon, Police Station Cdistrict of Daejeon, which was called after receiving a report of 112 that two male persons wrap, would be able to file a petition against the Defendant, and would have been able to see that D would have the victim's left side buck with his hand.
As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and D;
1. Damage photographs;
1. Application of Acts and subordinate statutes to a criminal investigation report (on-site images taken by the F).
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of punishment by law: Imprisonment for one month to five years;
2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties [Article 1]/ the coercion of official duties (Special Sentencing) (the scope of the recommended and recommended sentence] basic area, six months to one year and six months.
3. Determination of sentence: The sentence shall be determined as per the order, comprehensively taking into account all the factors of sentencing specified in the records and trial process of this case, including six months of imprisonment, two years of suspended sentence, and the age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.
3. Unfavorable circumstances: The defendant's face of a police officer performing his/her duties is not less and less against him/her, the defendant's liability is not less and less against him/her, and the investigation agency does not deny the crime, etc.; it is more favorable to him/her: The defendant's fault is recognized and against him/her; it does not have the same criminal record, and it does not have any criminal record