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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 17:00 on July 19, 2019, the Defendant visited the Korean Racing Association's branch office, etc. on 14, Young-gu, Seoul, Young-gu 8-ro 8-ro 14, under the influence of alcohol, and was under the influence of alcohol, the Defendant rejected the request of the Defendant to present identification cards, etc. from C who was dispatched to the site after receiving the report related to the 112, and assaulted C with the lock-gu 10-ro 8-ro 8-ro 3.
Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Written statements of D;
1. Application of CD image Acts and subordinate statutes
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The crime of obstruction of performance of official duties requires strict punishment as a crime that interferes with the exercise of legitimate public authority, and thus undermines the function of the State; circumstances favorable to the defendant: the defendant is against himself; there is no record of criminal punishment exceeding a fine since 1985; and there is no record of criminal punishment as a crime of obstruction of performance of official duties; as above, there is no record of punishment for the defendant as a crime of obstruction of official duties; the punishment shall be determined as ordered in consideration of the circumstances and the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.