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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] The Defendant was sentenced to a suspended sentence of six months to the Seoul Central District Court on August 27, 2020, for the obstruction of performance of official duties, and the said judgment became final and conclusive on September 4, 2020.
[2] On May 19, 2020, the Defendant: (a) driven a village bus in Seoul at around 23:06, while driving the village bus in Seoul at the Da apartment zone and driving the village road from the Da apartment zone to the Doc road; and (b) obstructed the progress of the village bus, the Defendant separated the village bus from the middle line to the port side of the village bus in order to prevent any further progress of the said village bus from proceeding on the road near the Gwon located at the above Csection; and (c) continuously, the Defendant continued to drive the village bus along one lane from the left side of the above village bus that flows along the two lanes and tried to overtake the village bus into the right side of the village bus; and (d) separated the village bus from the middle line to the right side of the road.
Accordingly, the defendant carried the above village bus, a dangerous object, and threatened the victim E.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Video Cd;
1. Previous convictions indicated in judgment: The references to criminal records and the references to criminal records, and the application of Acts and subordinate statutes reporting the results of confirmation;
1. Article 284 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that the defendant is holding the position of a village bus driver in this case);
1. Taking into account the fact that there are many kinds of violence offenses with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the equity between the crime of obstructing the performance of official duties and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act shall be considered at the same time, and the defendant's age, character and conduct, family relationship, and crime