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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 October 29, 2017, around 00:15, the Defendant made a public performance and obscenity openly obscene act in front of the Seo-gu, Daegu, Seo-gu, where: (a) the Defendant’s frighter and frightered along the car driven by C while coming up with the Defendant’s frighter and coming up with the car driven by C; (b) the Defendant continued to fright in front of the car in order to park; and (c) the Defendant frighted to the frighter D Park in the fright and frighted to the above place; and (d) the Defendant frighted to the Defendant’s sexual organ in front of the frightered and C and E.
2. 공무집행 방해 피고인은 2017. 10. 29. 00:45 경 대구 서구 B 앞 도로에서 제 1 항과 같은 공연 음란 행위에 관하여 112 신고를 받고 출동한 대구 서부 경찰서 F 지구대 소속 순경 G 와 경사 H이 피고인을 불심 검문한 것에 불만을 품고, 위 G에게 ‘ 니는 쫄 따구가 개새끼가, 뒤지고 싶나
In doing a bath theory as “,” the breath was assaulted, such as breathing bat and destroying the floor above the floor.
Accordingly, the Defendant interfered with the police officer's legitimate performance of official duties concerning 112 reporting processing and non-inspection.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement by the police in relation to C and G;
1. Application of each statute on photographs;
1. Relevant legal provisions concerning criminal facts, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 245 of the Criminal Act (the point of obscenity) and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Course are that the Defendant committed obscene acts against women and obstructed the performance of official duties by assaulting the police officer dispatched upon receiving a report. In light of the content and circumstances of the crime, the degree of the type of the use, and the method of obscenity of the performance.