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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 October 12, 2019, around 19:20, the Defendant: (a) received a report from the head of the Busan Police Station C Center in B, and reported from the head of the Busan Police Station C Center in B, and (b) to the head of the Si/Gun/Gu Police Station D Zone E, the head of the Gu, who was called out, tried to verify the Defendant’s personal information and the details of the report; and (c) went to the place where E was posted.
In the course of asking the personal information of the vehicle, it was assaulted at one time by drinking the part to the right part of the situation E.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to a criminal investigation report (a copy of work place, 112 report processing table, and a copy of a public official's certificate), D District Work Site, 112 report handling table, investigation report (related to attachment of crime prevention and private CCTV images around the site), photographs, one copy of CCTV image CD, and a criminal investigation report (related to telephone communications by a police officer at the same time);
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election 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;
1. Scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] the obstruction of the performance of official duties [the Category 1] and the elements of the obstruction of the performance of official duties [the person specially punished]: Reduction area of the punishment [the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment;
2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:
D. Unfavorable circumstances: The crime of this case is a case of assaulting a police officer during the performance of official duties, and it is not good that the crime of this case is committed.
The defendant is the same crime.