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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 11, 2018, at around 01:26, the Defendant assaulted D in front of Seo-gu Incheon, Seo-gu, Incheon, by viewing the police officer F of E District Police Station E District of the Incheon Western Police Station, who was called up after receiving D’s report. The Defendant obstructed the police officer’s legitimate performance of duties by putting the Defendant into custody by hand, who was trying to arrest the Defendant as a current offender.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F or D;
1. Application of the statutes on photographs of damaged police officers and details of reporting 112;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The crime of obstructing the execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and requires a punishment corresponding thereto for establishing national legal order and eradicating the light of the public authority, and the defendant has the record of being punished by a crime of obstructing the performance of official duties, etc. Meanwhile, the defendant is recognized as committing each of the crimes of this case, and the defendant has deposited part of the money as compensation for damage with the police officer suffering from interference with the performance of official duties of this case as a person who was a commissioned person, and other punishments like the order shall be determined by comprehensively taking into account the defendant's age, sexual behavior, environment, motive and circumstance of each of the crimes of this case, means and method, and circumstances after the crime.
Rejection of Public Prosecution
1. On August 11, 2018, around 01:26, the Defendant 201: (a) boarded the cab operating the victim D (58 aged) in a sub-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon; (b) landed the cab in front of the Seo-gu Incheon, Seo-gu, Incheon; and (c) assaulted the victim with three times the body of the victim by drinking her car with his/her car fee.
2. Judgment dismissing public prosecution
(a) Applicable legal provisions: Article 260(1) of the Criminal Act;
(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.
(c) Judgment dismissing public prosecution: