Text
A defendant shall be punished by imprisonment for six months.
except that 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
Around 18:40 on February 3, 2019, the Defendant: (a) received a 112 report from a police officer belonging to the Ansan Police Station D Zone D District, who was called, and received a request from the above E to inform him of personal information for returning home from the Defendant; (b) took a bath to the said E; and (c) took a head’s right face.
Accordingly, the defendant interfered with the legitimate performance of official duties concerning the 112 reporting duty by police officers.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. 112 reported case handling table;
1. Place of service;
1. On-site photographic photographs, CDs, photographic images, and photographic photographs;
1. Application of statutes on site photographs;
1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended sentence according to the application of the sentencing criteria [decision of types] for the obstruction of performance of official duties: [Class 1]/no coercion (special person) (the scope of the recommended area and the recommended sentence] basic area, six months to one year and six months;
2. Determination of sentence: (a) the fact that the defendant recognized a mistake and reflects the defendant; (b) the degree of violence the defendant used to a police officer is relatively heavy; and (c) there are no criminal records exceeding the previous or fine; and (d) the defendant’s age, character and conduct, environment, circumstances, means and consequence of the crime; and (b) the overall records on the records including the circumstances after the crime, etc.