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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 29, 2013, at around 18:10 on July 29, 2013, the Defendant stated that, while he was under investigation from a slope D belonging to the Seoul Mine Police Station C police box to a charge of destroying a restaurant table at the F restaurant located in Gwangjin-gu Seoul Special Metropolitan City, he saw him as “I Chewing Chewing” while he was under investigation from a slope D belonging to the Seoul Mine Police Station C police box, he was on the left side of the said D.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation.
Summary of Evidence
1. Statement of the defendant in the third protocol of trial;
1. Application of Acts and subordinate statutes concerning D police statements;
1. Article 136 (1) of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act;
1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] Obstruction of Performance of Official Duties/ Forced Performance of Duties [Special Convicts] In the case of minor degree of assault, intimidation, and deceptive scheme [Determination of the recommended area] mitigated area / [Determination of the recommended area] January to August / [Determination of the sentence] in the mitigated area / [Determination of the sentence] the crime of this case requires strict punishment as obstructing the legitimate performance of duties by the police officer. In addition to the assault by the police officer, the defendant committed an act such as avoiding disturbance to the police station, which makes it difficult for the police officer to perform his/her duties; on the other hand, it is difficult to view that the defendant was a contingent crime and has great damage caused by the assault; the defendant is recognized as a criminal act; the defendant is against the defendant's age, character and behavior, environment, family relationship, occupation, etc.; and