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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On February 7, 2016, the Defendant refused to leave, at around 02:0, the main point of “D” operated by the victim C in Chuncheon-si, B, the Defendant was unable to avoid any disturbance attached to the time limit due to the drinking value. In addition, the Defendant was demanded that the victim’s husband’s interest at the above main point of the victim’s husband’s interest make a change from “in the main point” from E who works as the bareboat owner.
However, the defendant did not comply with this, and the police officers dispatched after receiving a report from the victim on the same day at around 02:43 on the same day did not comply with the victim's eviction request without justifiable reasons until they arrive at the site.
2. On February 7, 2016, at around 02:43, the Defendant: (a) committed assault, such as: (b) having received the face of G one time from the head on the ground that G police officers belonging to the Gangwon-do Police Station F District, who sent to the site after receiving a report by 112 on the location described in paragraph (1) of the same Article, recommended him/her to return home; and (c) having committed assault on twice his/her chest.
As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch and measure of the police officer's 112 report.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police in relation to G;
1. Each statement of E and H;
1. Application of Acts and subordinate statutes to investigation reports (damage photographs, etc.);
1. Relevant legal provisions of the Criminal Act, Articles 319(2) and 319(1) of the Criminal Act (in the case of refusing to withdraw), Article 136(1) of the Criminal Act (in the case of obstructing the performance of official duties) and Articles 136(1) of the Criminal Act and the choice of imprisonment
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) Basic crimes (Interference with the Execution of Official Duties) / [Type 1 (Interference with the Execution of Official Duties) / Imprisonment with prison labor for six months from six months to one year and four months (basic area);
B. The crime of refusing to comply with the sentencing guidelines for multiple crimes and the crime of obstructing the performance of official duties is concurrent crimes under the former part of Article 37 of the Criminal Act.