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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 9, 2018, around 05:07, the Defendant: (a) reported 112 that “A drunkd customer takes a bath in the third floor of the building of the building of the building of the Nam-gu Incheon Metropolitan City,” and sent to the site, and (b) took a bath view, such as “shotf, shotf, dead, and discarded,” and (c) committed assault by a police officer, i.e., f., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes to the H’s written statement;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend lectures and order to provide community service;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;
2. In light of the fact that the Defendant, who was sentenced to punishment, was a police officer who worn a uniform while drinking alcohol and obstructed the performance of official duties by exercising violence, the liability for the crime of this case can not be less severe, and the punishment for the crime of this case can be imposed due to violence, and that he was under the probation period at the time of the crime of this case, the Defendant is subject to strict punishment.
However, considering the favorable circumstances, such as the fact that the defendant's mistake and reflects, the fact that the defendant is hospitalized in the hospital after the crime of this case and shows his/her will to receive alcohol treatment, and other circumstances such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the opportunity to postpone the execution of imprisonment, to observe the protection and surveillance during the period of probation, to attend alcohol treatment lectures, and to reflect within society.