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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 27, 2018, the Defendant was under the influence of alcohol in front of the door of the building C in Sungnam-si, Sungnam-si, the Defendant was under the influence of alcohol on July 27, 2018, and the circumstances leading up to the police box affiliated with the Sungnam-gu, Police Station D police box called up after receiving the relevant 112 report, and F recommended the Defendant to invalid, and the Defendant was flicked, and flicked, “I will know the flick flick, and flick f
“Abruting”, referring to the face of the F one time in drinking, and assaulting the face of the E to restrain it.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. G statements;
1. Application of the Acts and subordinate statutes to the investigation report, photographs of damage, the list of reported cases in 112, and the investigation report (CCTV investigation);
1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;
1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;
2. Determination of sentence [Opinion of Prosecutor] Imprisonment with prison labor for six months / [Judgment] Imprisonment with prison labor for six months, and obstruction of performance of official duties for two years suspension of execution is a serious crime that undermines the functions of the State by nullifying legitimate exercise of public authority, and thus requires strict punishment.
However, considering the favorable circumstances, such as the defendant's confession, and the fact that there is no record of the crime exceeding the fine, etc., the punishment shall be determined within the scope of the recommended punishment according to the sentencing guidelines and the execution of the sentence shall be postponed by taking into account the following factors: (a) the defendant's age, sex, environment, motive, means and consequence of the crime; and (b) the various sentencing conditions specified in Article 51 of the Criminal Act as stated in the records and arguments