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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 02:15 on July 5, 2020, the Defendant: (a) received 112 report to the effect that there was a trial expense between the Defendant and the Defendant in front of the Ulsan-dong Police Station, Ulsan-gu Jindong Police Station, Ulsan-gu, U.S., U.S. 4-ro 11, U.S., and obstructed the Defendant’s legitimate execution of duties concerning the handling of reports by police officers by assaulting the damages of the said D and the slope E, the circumstances where the police officer belongs to the above police station C district group, and for the Defendant and B to return to the Defendant.
Summary of Evidence
1. Statement of the defendant F in his court statement, and statement of the police about D 112 declaration; and
1. Application of Chapter 8 to the Acts and subordinate statutes, such as Chapter 17 of a photograph by capturing a CCTV image and the closure of screen pictures by a police officer in mobilization;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: One month to five years;
2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties/performance of duties [the scope of recommendations and recommendations], the basic area of recommendation [the scope of recommendations and recommendations], six months to one year and six months.
3. Determination of sentence: The sentence shall be determined as ordered, comprehensively taking into account the following circumstances of sentencing, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances and results of the crime of this case, and all the conditions of sentencing as shown in the records and arguments of this case, in addition to a suspended sentence of one year for a period of six months:
An offense of obstruction of performance of official duties is a legitimate exercise of public authority.