Text
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
On April 13, 2014, at around 19:10, the Defendant, while disputing with C on the front road in Suwon-gu, Suwon-si B, Suwon-si, the Defendant, upon receiving a report, called “I have fighting,” was removed from the E in the circumstances in which the D District was dispatched.
Accordingly, the Defendant said that he was fling four times the chests of the above E, while he said that he was flicking, “Chewing, flicking,” which reads that he was flicking.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes on police statement to E;
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 (The following extenuating circumstances among the reasons for sentencing);
1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of applicable sentences under law: One month to five years; and
2. The scope of the sentencing guidelines for recommendations [decision of types] : The category of obstruction of the performance of official duties - the scope of the punishment for obstruction of the performance of official duties / the scope of the punishment for obstruction of the performance of official duties / the basic area (two months to one year and four months):
3. Although the defendant who has been sentenced to punishment several times as violent crimes, the defendant committed the crime of this case in a drunken and contingent manner, and the degree of obstruction of performance of official duties is not relatively heavy, the punishment is determined as ordered by the order beyond the scope of recommendation.