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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
1. On December 2, 2018, the Defendant of obstruction of performance of official duties, while under the influence of alcohol in front of Mayang-gu B on the road, was found to have been exposed to a violation of the Punishment of Minor Offenses Act by a police officer of the Gyeonggi-gu Police Station C District of the Gyeonggi Police Station, which was dispatched to the site after receiving a report on 112 that “the Defendant spits spits off on the road,” and that “the Defendant spits off on the road,” thereby obstructing the police officer’s legitimate execution of duties concerning the prevention and investigation of crimes by assaulting the right knee of Da on one occasion, while doing so.
2. The Defendant publicly insulting the victim F, a police officer affiliated with the Gyeonggian Police Station C District District, who was dispatched to the site with the aforementioned D, by openly insulting the victim by stating that “the victim F, a police officer affiliated with the Gyeonggian Police Station C District E, is a bit of bitch bitch bit.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police against D or F;
1. E statements;
1. Application of the Acts and subordinate statutes of a photographs of damaged parts;
1. Relevant Article 136 (1) of the Criminal Act for the crime, Article 136 (1) of the Criminal Act, and Article 311 of the Criminal Act for the crime (Voluntary Selection of Imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act is not only to obstruct the legitimate execution of duties by assaulting the police officer, but also to insult the police officer to commit a crime.
On the other hand, it is favorable for the defendant that it is difficult to see that the defendant's mistake is recognized, there is no criminal record exceeding the fine, and that the degree of violence, etc. is serious.
The punishment shall be determined as ordered in consideration of various sentencing conditions, such as the age, character and conduct, environment, circumstances of the crime, and circumstances before and after the crime.