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.

Punishment of the crime

On January 13, 2016, the Defendant assaulted the emergency room of the Gangwon University Hospital of 156, Gangwon-do, Mancheon-ro, Mancheon-ro, 11:20 on January 13, 2016, the Defendant: (a) the police officer affiliated with the Chuncheon Police Station C District forces, who called the scene upon receiving a report of 112, committed assault, such as: (b) the Defendant walking on the right side of D on one occasion due to a defect in the request for returning home; and (c) the Defendant took the part of D’s neck by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

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 of the community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] and interference with the execution of public duties: The basic area (fence of the performance of public duties and coercion of the performance of duties).

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the age, occupation, sex, health status, family relationship, and circumstances before and after the commission of the crime:

Unfavorable circumstances: The act of assaulting a police officer to perform his/her official duties properly due to his/her uniform, the circumstances that the degree of assault is not easy: the act of assault has no record of crime, and there is only two times of fine, and the act of recognizing and opposing the crime.