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A defendant shall be punished by imprisonment for not less than eight 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
1. On September 6, 2014, at around 23:22, the Defendant voluntarily moved to the above district located in Gwangjubuk-gu, Gwangjubuk-gu, with a slope D belonging to the Gwangju Northern Police Station C District, which was reported as a assault case, and subsequently, the Defendant refused to make a statement on the case and obstructed the police officer’s legitimate performance of duties concerning police officer’s criminal investigation and the maintenance of public order and security on the ground that the Defendant’s “I wish not to make a statement if I wish to return home” from the above police officer would be bad for him/her to hear the horses.
2. On September 7, 2014, the Defendant assaulted the police officer, and was arrested in the act of obstruction of performance of official duties, etc., and went to the Gwangju Northern Police Station located in 172 (Obong-dong) west-ro 172 (Obong-dong), Gwangju Northern Police Station C for the safe guard of the police officer F belonging to the Seoul Northern Police Station, and went into the said police station for the reason that he was arrested and detained in the act of flagrant act, the Defendant expressed the police officer F’s desire to “I Chewing imple-gu” and obstructed the police officer’s legitimate performance of duties concerning criminal investigations by the police officer on one occasion.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol to D and F
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] 1 of the Act on Probation and Order to Attend : Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) of the basic area (six to one year and four months): The scope of final sentence due to the aggravation of multiple crimes (six to one year and four months) of the basic area (Obstruction of Performance of Duties and Forced Obstruction of Duties): Six months or two years (specific reasons for sentencing) of imprisonment.