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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 16, 2019, in front of C danran, in Dobong-gu, Dobong-gu, Seoul, 02:30 on May 16, 2019, the Defendant received 112 reports on these matters from F of the police box affiliated with the Seoul Dobong Police Station Ecomtation, who was called out after receiving 112 reports on these matters, and was in front of the above F face at one time.
Accordingly, the defendant assaulted police officers who perform legitimate duties on the maintenance of public order.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Investigation report ( investigation by a video phone);
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the accused assaults the police officer dispatched after receiving a 112 report, and the nature of the offense is not weak;
However, the sentencing conditions, such as the defendant's age, character and conduct, environment, means and methods of committing the crime, and circumstances after committing the crime, can be determined as ordered by considering the following factors.