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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 October 18, 2016, at around 00:03, the Defendant received a report of senior citizens' assault on the road in front of the D convenience store located in the Namnamnam-gun, Namnam-gun, and was dispatched to the scene, and was asked by the victim F of the instant case from the victim E District in the Southern Police Station E District of the Southern Police Station, “The victim’s face is called, “I have to go to go to me,” and the victim’s face was assessed once.
As a result, the Defendant interfered with the legitimate execution of duties by police officers in relation to the prevention, suppression, and investigation of crimes, and at the same time, damaged the victim's reputation that requires approximately two weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A medical certificate of injury;
1. On-site photographs of the case;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of obstructing the performance of official duties, such as the crime of this case for the reason of sentencing Article 62-2 of the Criminal Act, is not good in that the crime of obstructing the performance of official duties, such as the crime of this case, is significantly detrimental to the police officers' pride and the desire to work, and the damage resulting therefrom ultimately return to the general
In this context, considering the fact that the defendant inflicts an injury on the victimized police officer, and that another person commits the crime of this case even though there was a similar criminal history, the defendant should be punished strictly.
However, in determining the specific sentence, the suspension of execution shall be imposed only once in consideration of the fact that the defendant is against the defendant, that the damaged police officer does not want the punishment against the defendant, that the defendant has no record of punishment exceeding the fine.