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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On March 19, 2017, the Defendant received food equivalent to KRW 27,00,00 in a D restaurant located in Dongducheon-si C, and attempted to make a food at a total amount of KRW 27,00,00 in the market price, and without paying the price.
On the same day, the Defendant received a demand from a slope F who is a public official belonging to E District Police, who is a public official of E District Police, who is a public official of E District Police, who was called up at around 20:20 on the same day, to pay for alcohol and have returned home, followed the Defendant’s disturbance, such as taking a bath, walking the door of a restaurant, breaking a tree fence in his hand at the front of the restaurant, etc.
이에 F, G이 피고인을 제지하자, 피고인은 G의 멱살을 잡아 흔들고, 손으로 그의 얼굴을 움켜쥐고, 손바닥으로 얼굴을 1회 때리고, F의 손목을 주먹으로 때리고, 발로 그의 정강이를 2회 걷어찼다.
Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to F and H;
1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;
2. The criteria for dealing with multiple crimes shall not apply because they are mutually concurrent crimes subject to the sentencing criteria; and
[Determination of Type] Crimes Obstruction of Execution of Official Duties, Obstruction of Execution of Official Duties, and Type 1 (Obstruction of Performance of Official Duties and Coercive Conduct of Duties) / Imprisonment with prison labor for up to six months from one year to six months (basic area)
3. Determination of sentence: Imprisonment with prison labor shall be selected, taking into consideration the fact that it is necessary to strictly punish a crime obstructing the performance of official duties and that the defendant has a number of criminal records, in order to establish a legal order of the State with six months of imprisonment, a stay of execution of two years, and to eradicate the light of public authority;
Provided, That the fact that the defendant has been led, the sentencing guidelines, the age, the criminal defendant's sexual behavior.