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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
On December 6, 2018, at around 02:09, the Defendant: (a) received 112 reports from “C main points” located in the Dong-gu, Busan; and (b) received 112 reports to the effect that “a person who frighting to go home,” and was unable to avoid disturbance, such as blocking the front of the patrol vehicle; and (c) received three times the chests and necks of the above E from head upon the removal of the said E.
Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.
Summary of Evidence
1. Each legal statement of witness F, E, and G;
1. Each police statement related to F, E, and G;
1. Application of Acts and subordinate statutes to photographs and detailed statements of 112 reported cases at the time of dispatch;
1. Article 136 (1) of the Criminal Act applicable to the crimes;
1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Application of the sentencing criteria [Scope of Recommendation] The basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (the special person who has not been punished);
2. As the Defendant’s sentencing decision has broken down his crepit at C main points as the crepane of the sentence, the Defendant’s failure to commit the crime has been extremely denied. However, the degree of interference with the performance of official duties is minor, the Defendant appears to have been given sufficient opportunity to reflect during the period of detention, the Defendant has no record of criminal punishment except for a punishment imposed several times by a fine, and the sentence is imposed as ordered by taking into account the Defendant’s age, family conditions, etc.