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A defendant shall be punished by imprisonment for six months.
Reasons
criminal history
A. On April 4, 2014, the Defendant assaulted the police officer E in a legitimate performance of duties concerning civil petition affairs, such as “the police officer who made the first floor of the Yanyang-gu Police Station D District Unit of the Yancheon-gu, Mayang-gu, Anyang-si, the Manncheon-gu, the Defendant, under the influence of alcohol in front of the D Zone Unit of the Yancheon-gu, the first floor of the Yancheon-gu, the Defendant obstructed the Defendant’s legitimate performance of duties concerning civil petition affairs by assaulting the police officer E, with “the police officer who made the front of the Yan-gu, who was in front of the Yan
Summary of Evidence
1. Defendant's legal statement;
1. Statement of police statement to E (the "performance of duties" in the crime of obstruction of performance of duties under Article 136 (1) of the Criminal Act refers to the time when a public official is working for the performance of his/her duties (see, e.g., Supreme Court Decision 2000Do3485, Apr. 12, 2002). In order for the victim to perform civil petition duties, he/she shall open an entrance to show the defendant as he/she interfered with his/her duties while working in the earth, and open an entrance to prevent another police officer from entering the earth in order to make him/her enter the earth again and interfere with his/her duties. Thus, the defendant's act constitutes violence against a public official who lawfully performs his/her duties, and therefore constitutes violence against a public official who lawfully performs his/her duties).
1. The relevant provision of the criminal facts, Article 136(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of sentence [the scope of recommendation] for the obstruction of performance of official duties shall be limited to the case where the degree of assault, intimidation and deceptive scheme is minor (a person under special mitigation) (a person under suspension of execution of official duties), not the case where the degree of assault, intimidation and deceptive scheme is minor (a person under suspension of execution of official duties), and a repeated crime (a person under special mitigation) is under suspension of execution of the same offense, and a defendant is under suspension of execution of the same offense again during the period of suspension of execution of the same offense, and even though he/she