Text
A defendant shall be punished by imprisonment for four 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 April 28, 2015, at around 15:48, the Defendant was under the influence of alcohol in front of the “DMaart” located in the Dongnam-gu, Yannam-gu, the Defendant: (a) caused the Defendant under the influence of “DMaart” in front of the 112 report; (b) sought personal information and residence in order to return home to the Republic of Korea; and (c) assaulted the Defendant by asking for personal information and residence in order to take measures for returning home.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to 112 reported duties.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. A written statement;
1. Application of Acts and subordinate statutes to report the occurrence of cases;
1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. Article 62 (1) of the Criminal Act ( considered as follows)
1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Education [Scope of Recommendation] Where the scope of mitigation area (one to eight months) [Special Mitigation] (decision of sentence] assault, intimidation, and deceptive scheme is minor (decision of sentence] the same crime records, but the degree of assault is relatively minor, reflects the fact that the defendant's age, character, conduct, environment, and circumstances after the crime, etc. are considered.