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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 30, 2014, around 05:45, the Defendant, in response to the withdrawal, returned to the victim C’s residence located in Seongbuk-gu, Changwon-si, Sungwon-si, and lent KRW 220,000 to the victims’ births.
It is difficult to reach the birth of the victim because he/she could not receive, and she can enter the house into the house and dives the room, and dives it on the floor, and the victim later requested to contact the birth of the victim, but he/she should leave the victim for about one hour from that time.
The Gu did not comply with the Gu.
2. 공무집행방해 피고인은 위 1항 기재 일자 06:45경 같은 장소에서, 위 C의 신고를 받고 출동한 창원중부경찰서 D파출소 소속 경찰관인 경사 E 등이 자신을 퇴거불응죄의 현행범으로 체포하려 하자 이에 반항하며, 오른손으로 경사 E의 왼뺨을 1회 때리는 등 폭행하였다.
Accordingly, the defendant interfered with the legitimate performance of official duties concerning the prevention, suppression and investigation of police officers' crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and E;
1. Statement of investigation reports (on-site entry) and list of reported cases;
1. Application of the statutes governing suspect photographs;
1. Relevant Articles 319(2) and 319(1) of the Criminal Act for the crime, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. In order to establish the legal order of the country of reasons for sentencing under Article 62(1) of the Criminal Act and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties.
However, in light of the fact that the defendant recognized the crime of this case and has no record of crime, the punishment as ordered shall be determined by taking into account all the factors of sentencing, such as the defendant's age, environment, character and conduct, health conditions, methods of committing the crime of this case, and circumstances after committing the crime.