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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 8, 2016, at around 23:35, at the opening space of subway lines located in Dongjak-gu Seoul Metropolitan Government, C police officers belonging to the Seoul Dongjak Police Station B, dispatched after receiving a report of 112 from the time he was under influence of alcohol, recommended him to invalid, and assault C’s breast at two times in drinking.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes of D;
1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The basic area (from June to January 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to April) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;
2. The defendant who has been sentenced has a record of obstructing the performance of the same kind of official duties (one time of suspension of execution and two times of a fine) and has been punished for the same kind of crime, such as other violence, several times.
The nature of crime is not good because a police officer in the course of performing his/her duties uses bathing and assault without any particular reason.
However, the degree of violence is heavy.
Considering that it is difficult to see.
In addition, the sentencing conditions, such as the age, sex, environment, degree of damage, and circumstances after the crime, shall be considered, and the punishment shall be determined as ordered within the scope of the above sentencing guidelines.