Text
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 January 5, 2019, around 21:44, the Defendant: (a) boarded a taxi in the street near Seo-gu Incheon, Seo-gu, Seo-gu, Incheon to be a guest; (b) without any particular reason, from around 22:37 of the same day, the Defendant: (c) arbitrarily embling the victim with an opportunity, such as a taximeter, while taking a bitch, etc.; (d) continuously turning the victim into the back of the bit of bitch; and (e) continuously moving the seat to the back of the bit seat; and (e) interfered with the victim’s taxi operation by avoiding disturbance while taking the driver’s seat, and by force, interfering with the victim’s taxi operation by force.
2. On January 5, 2019, around 23:00, the Defendant committed assault against “E District” in Gwanak-gu in Seoul Special Metropolitan City, regarding the obstruction of performance of official duties, as seen above, the Defendant was at the seat of the police officer F, who was a police officer of the said District, who was in dispute with B about the interference of the taxi operation of B, and was at the face of the police officer’s face.
Accordingly, the defendant interfered with the proper execution of duties of police officers such as the maintenance of police officers' order and crime prevention.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A victim’s statement and a written statement prepared B;
1. Application of CCTV image CD-related Acts and subordinate statutes;
1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;
1. Scope of recommended sentences according to the sentencing criteria;
(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment
(b) Class 2 (Interference with Business) (Determination of type).