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A defendant shall be punished by imprisonment for four 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
Around 00:10 on December 14, 2013, the Defendant filed a 112 report as a result of a fire-free taxi engineer and a fare due to the fire-fighting on board the taxi. On the same day, around 00:50 on the same day, the Defendant received the said 112 report in front of the Gu government, and notified E of the D District Unit of the Gu Government Police Station D District that “the civil petition related to taxi charges shall be reported to viewing,” and the Defendant interfered with the police officer’s legitimate performance of duties by assaulting the police officer, such as “the civil petition related to taxi charges shall be reported to viewing.”
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to photographs of damage, and photographs of working clothes for victims;
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 of Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] : Obstruction of Performance of Official Duties - Where the degree of assault, intimidation, and deceptive scheme is minor, [Determination of the area of recommendation] mitigation [Scope of punishment] 1 month to 8 months [Scope of Punishment] ] 1 month to 5 years / Where the degree of assault, intimidation, and deceptive scheme is minor: positive reasons for the affirmative witness - there is no criminal conviction above the degree of assault, intimidation, and deceptive scheme - there is no criminal conviction above the period of punishment / there is no criminal punishment above the period of suspension of execution / [Determination of sentence] 4 months of imprisonment with prison labor, one year of suspended sentence, community service, and the fact that a defendant assaults against a police officer in the course of performing public duties for 80 hours is disadvantageous.
However, in consideration of the fact that the defendant has no criminal records heavier than the suspension of execution, the defendant is divided into his/her errors, and the degree of violence inflicted on police officers is not significant, the punishment as ordered shall be determined.
It is so decided as per Disposition for the above reasons.