A defendant shall be punished by imprisonment for four 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.

Punishment of the crime

The Defendant, at around 07:14 September 12, 2018, after receiving a report from the Defendant at an entertainment center located in Yangsan City, that the Defendant does not calculate the drinking value at the entertainment station, the Defendant: (a) identified the details of the report, etc. by the police box affiliated with the Yangsan Police Station Diplomatic Police Station, and the police officer; (b) 4 times the chest of F on his hand while carrying out his desire to inquire about personal matters; and (c) the F may be arrested as a crime of interference with the performance of official duties on the part of the Defendant.

“In the hands of the F, he assaulted the F’s left side at one time on the hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of Acts and subordinate statutes governing the handling of internal investigation reports, field photographs, victims' photographs, and 112 reported cases;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances described in the grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The sentencing criteria [Scope of the recommended punishment] Class 1 (Interference with the performance of public duties and coercion of duties) area (one month to eight months) of mitigation area (person who has been specially mitigated) shall not be punished;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

Defendant reflects the crime of this case.

The police officer is not punished for the defendant.

◎ 피고인에게 불리한 정상은 다음과 같다.

There are many previous records of punishment for violent crimes, and there are records of punishment for obstructing the execution of official duties (6 months of imprisonment and two years of suspended execution).

The nature of the crime of this case committed by a public official who assaults a public official who performs legitimate official duties is not easy.

◎ 위와 같은 피고인에 대한 여러 사정 등과, 그 밖에 이 사건 범행의 경위, 피고인의 연령, 성 행, 환경, 범행 동기 등 기록에 나타난 모든 양형요소를 종합하여 피고인을 주문 기재의 형에...