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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 16, 2020, at around 20:15, the Defendant, upon receiving a report of 112, stating that “the denial of his business in South Korea is taking place” in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and received a request for confirmation of personal information from D by the police officer affiliated with the Seoul Western Police Station C commander of the Seoul Western Police Station, the Defendant expressed the said D’s desire to read “the spacker’s sprink.” On the ground that he was requested to verify personal information from D, the Defendant sprinked the sprink of the said D with both hand.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the criminal defendant who received a report of 112 and has obstructed the execution of his/her duties by assaulting the police officer so called out;
However, the sentencing conditions shown in the records and arguments of this case, such as the defendant's time to commit the crime, the fact that there is no record of the crime exceeding the fine, and the defendant's age, character and conduct, environment, motive, means and result of the crime, etc., shall be determined as the order.