Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 5, 2017, at around 12:55, the Defendant received 112 reports from the C pharmacy heading in Seo-gu Incheon, that “nick females cannot interfere with the vehicle,” and received a removal from E in the circumstances surrounding the DJ affiliated with the DJ, and obstructed the police officer’s legitimate performance of official duties concerning the maintenance of public order and dispatch of a report by assaulting the Egrae and sexual intercourse.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police statement protocol to E;
1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order [the type of decision] [the reason for sentencing under Article 62-2 of the Social Service Order [the scope of recommendation], the basic area [the scope of punishment], six months to one year and six months [the decision of sentence], although there are several occasions of investigation or punishment for violent crimes, the crime of this case was committed, and the crime of this case was committed in light of the tangible power exercised by police officers. Thus, a punishment shall be imposed by selecting imprisonment.
However, the execution of the instant crime is to be suspended considering all the factors of sentencing revealed in the instant case, such as the fact that the instant crime appears to have been committed in a state of drinking, the fact that the Defendant acknowledges and reflects his mistake, and the background and motive leading to the commission of the crime, and the circumstances before and after the commission of the instant crime. However, in light of the past criminal history or the circumstances before and after the instant crime, there is a risk of recidivism.
Since it is judged, protection observation and community service order are also ordered.