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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 7, 2015, the Defendant received 112 reports in relation to violent incidents B, sent to the scene, and took a bath to the police officer E belonging to the D District Unit of the Busan District Police Station of the Busan District Police Station, which is investigating the circumstances of the incident, and obstructed the police officer’s legitimate execution of duties concerning the maintenance of public order, by taking into account whether he/she gets to handle scams, scams, and scams.”
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to E by the police;
1. A written statement;
1. Each photograph, log, public official identification card copy, each investigation report, and CCTV video data CD;
1. Although the Defendant alleged that he did not go to the World Cup by the police officer, the Defendant’s assertion that he did not go to the World Cup. However, considering the above evidence after considering the statements of police officers and employees and CCTV data, the Defendant’s use of the above evidence was recognized, and thus, the above assertion is not acceptable.
Application of Statutes
1. Article 136 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
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. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).
2. Determination of sentence: Imprisonment with prison labor for six months, one year of suspended sentence, one year of community service order, 40 hours, the fact that the accused does not have the same criminal records as the accused, police officers do not fit the real cups that the accused actually operated, and the fact that the accused seems to have caused by contingency under the influence of alcohol, and other factors such as the age, character and conduct of the accused, conditions after the crime, etc., shall be determined as