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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. 피고인은 2015. 3. 19. 02:30경 경남 거제시 C에 있는 D 앞 노상에서 폭행 관련 112 신고를 받고 현장에 출동한 거제경찰서 E지구대 소속 경위 F로부터 사건 경위에 대한 질의를 받자, ‘술집하고 짰나, 니 이름이 뭐꼬, 씹할 놈아’라고 욕설을 하고, 위 F에 의해 휴대폰 촬영을 제지당하자, 양손으로 위 F의 가슴과 목 부위를 여러 차례 밀쳐 폭행하였다.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.
2. At around 02:40 on March 19, 2015, the Defendant: (a) was arrested and taken custody of the offender in the act of obstruction of performance of official duties, such as the preceding paragraph, and (b) was asked by G from the police officer belonging to the said district group about the background of the assault; (c) was able to ask him/her about why he/she would have caused the victim to handle the offender; and (d) took a bath for him/her; and (e) took the cell phone cited by him/her to the said G.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of each police officer made to F and G;
1. Application of CCTV closures and statutes on-site photographs;
1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor for the relevant criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of crimes No. 1 (Scope of Recommendation) according to the sentencing guidelines shall be the scope of the punishment for the obstruction of performance of official duties (the scope of punishment for the obstruction of performance of official duties). Part I (the scope of punishment for the special mitigation) [the scope of punishment for the obstruction of performance of official duties] the basic area (6-1 year and 4 months) (the scope of punishment for the obstruction of performance of official duties), the basic area (6-1 year and 4 months) of the punishment for the obstruction of performance of official duties (the person who has been specially punished): 6-1 month:
2. Determination of sentence - Unfavorable circumstances: heavy offense of obstruction of performance of official duties;
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