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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 June 15, 2018, at around 02:15, the Defendant: (a) on the road in front of the C Hospital Emergency Office in Kimhae-si B; (b) confirmed the details of the report by E, the circumstances surrounding the D District affiliated with the D District, which was disputed with the Defendant’s geographical address and food payment; (c) on the ground that he/she prevented the Defendant from committing an assault by leading to the other party, on the ground that he/she did not have the Defendant.
Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of police officers' 112 reports and the prevention of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. In order to establish a law and order for sentencing under Article 62(1) of the Criminal Act and eradicate a light of the public authority, there is a need to strictly punish a crime that interferes with the performance of official duties, and the Defendant has a majority of violent crimes, and in particular, even though there were the same criminal records (the crime of obstruction of performance of official duties and insult was punished for two years of suspended execution in October in 2016), the Defendant’s liability for the crime of this case is heavy.
Meanwhile, in full view of the fact that the defendant recognized his mistake and did not repeat the crime, and all other circumstances, such as the degree of damage, the circumstances of the crime, the degree of the crime, the circumstances after the crime, the criminal records, and the prosecutor’s life (one year of imprisonment), the decision is made as above.