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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Justice] On September 8, 201, the Defendant received a summary order of KRW 4 million as a crime of obstruction of performance of official duties from the Incheon District Court on November 23, 201, and a summary order of KRW 2 million as a same crime from the same court on November 23, 201. On November 1, 2012, the Seoul High Court sentenced imprisonment with prison labor for one year and six months as a crime of obstruction of performance of official duties and three years of suspension of execution on November 9, 2012, which became final and conclusive on November 9, 2012, and is currently under the period of suspension of execution, and there is a criminal power of KRW 7 million as a fine for obstruction of performance of official duties by the Suwon District Court on March 20, 2014.
【Criminal Facts】
On November 22, 2014, at around 10:30, the Defendant filed a report on the eel 205 of the D’s operation located in Pyeongtaek-si, and filed a report again at F. F. F. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E.), upon receipt of the Defendant’s 112 report, expressed the Defendant’s desire to “h and E. E. E. E. E. E. E. E. E. E.” without having been asked by H and E. I of the circumstances where the Defendant was assigned to the G police station G police station, who was called upon upon receipt of the Defendant’s 112 report, expressed the Defendant’s desire to “I would have any breathous f.e., whether this f., was a crime.”
I가 이를 제지하려고 하자 피고인은 오른발로 I 옆에 있던 H의 복부를 1회 걷어차 H가 옆으로 넘어지면서 침대 모서리에 왼쪽 정강이를 부딪혔고, 다시 오른발로 I의 낭심을 1회 걷어찼으며, H로부터 공무집행방해의 현행범으로 체포되던 중 발로 H의 오른쪽 엄지발가락을 힘껏 밟았다.
As a result, the defendant interfered with police officers' 112 report patrols and legitimate performance of official duties for arrest of flagrant offenders, and at the same time, the victim H(52 years of age) failed to leave the left-hand side of the treatment days.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement of D, H and I;
1. Statement of opinion;
1. Previous convictions: Criminal records and investigation reports and probation period; and