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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 07, 2020, at around 02:17, the Defendant: (a) received a report from the “Dnor C” located in the voice group of Chungcheongbuk-gun on December 2020, and received a request for a disturbance from B, who was dispatched to the police station E division of the Chungcheongbuk-gu Police Station, and received a request for a disturbance from B, and led the Defendant to force the left-hand son of the above B on one occasion on the face of the hand.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting management.
2. The Defendant committed the crime against F police officers at around 02:35 on the same day, arrested a flagrant offender on the same grounds as the above paragraph 1 at the E District Office of the E District Police Station in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and seated in the atmosphere. On the other hand, the Defendant obstructed the disturbance, such as pressinging the lock and soundinging the lock, and caused the disturbance to the police officers who belong to the above E District, and caused the disturbance to the police officers “hicker,” thereby making the said F’s right direction one time.
Accordingly, the defendant interfered with the legitimate execution of police officers' duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to B or F;
1. A criminal investigation report (to attach CCTV images to a suspect's crime scene);
1. Application of statutes to the scene of the case and the victim photograph;
1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective 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 suspended execution;
1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant’s age, sexual behavior, family environment, motive, means and consequence of the crime, and various sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime.
In unfavorable circumstances, interference with official duties needs to be strictly punished as a crime detrimental to the function of the state by obstructing legitimate exercise of public authority.
It is not good that the Defendant, under the influence of alcohol, interfered with the legitimate performance of official duties by police officers.
(k) damage;