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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
Punishment of the crime
On July 2, 2019, the Defendant: (a) around 23:30 on July 2, 2019, at the main points located in the Gyeonggi Mapo-si B, on the ground that he received 112 reports and received a request from the police officer for returning home from the said main points, the Defendant: (b) sent to the Defendant, on the front of the said main points, the Defendant: (c) sent to the Defendant a serious bath view, such as whether he was a police officer; (d) “Chewing fice is a human being; and (e) carried to the Defendant’s chest at the bar located in the Mapo-si B; and (e) carried to the Defendant’s chest at his hand sealed; and (e) carried to the Defendant’s chest at one time.
Accordingly, the slope D assaulted the Defendant by the method of driving a defective slope D once to the edge of the road.
Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of police officers' crimes.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of E and D;
1. Written statements of F and G;
1. Application of statutes governing field CCTV images;
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crimes of obstruction of performance of official duties against E by police officers with heavier rank);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;
2. Since the scope of each crime according to the sentencing criteria is in a mutually competitive relationship, it is determined to apply the sentencing criteria on the basis of the crimes against E with more severe sentencing criteria and refer to the scope of the recommended sentencing.
[Determination of Punishment] There is no Category 1 (Obstruction of Performance of Official Duties/Performance of Duties) (Special Convicts) for the obstruction of Performance of Official Duties (Recommendation Field, Scope of Recommendation Punishment). Basic area, 6 months to 1 year and 6 months.
3. Determination of sentence: The following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the crime: