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A defendant shall be punished by imprisonment with prison labor for up to 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
Criminal facts
On March 7, 2017, around 02:10, the Defendant entered the Defendant’s residence in Busan Northern Complex C apartment 202 dong 702 dong 702, and in order to verify the situation of domestic violence, it was found that the Defendant entered the Defendant’s residence into the Busan Northern Police Station Down Police Station ( South, 40 years old) to check the situation of domestic violence.
“Along with the 112 police officers’ legitimate performance of official duties in relation to the handling of reporting duties by assaulting, such as attaching a flaps of the above E, and scaming.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by each police officer of the E and F;
1. Application of Acts and subordinate statutes to report on investigation (verification of statement by the counter phone of a police officer of a wooden shooting range);
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 stay of execution (The following favorable circumstances required for the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;
1. The scope of punishment by law: Imprisonment for not more than five years;
2. Scope of a recommended sentence on the sentencing guidelines: Imprisonment with prison labor for up to eight months [the types of decisions]; the mitigated element of a type 1 (Interference with and Force of Duties) [Special Sentencing] that interferes with the performance of public duties; the mitigated element of violence, intimidation, deceptive scheme, or the degree of interference with public duties is minor; the mitigated area of the recommended range of punishment [the scope of the recommended range of decisions and the recommended range of punishment]; one month or eight months;
3. The Defendant, who was assaulted by his spouse in a residential area and called out to the police officer to check the scene of domestic violence, took a bath, and interfered with legitimate performance of official duties by committing the assault.
In light of the background of the instant crime or the attitude of the Defendant at the time of committing the instant crime, the Defendant’s fault is not somewhat weak.
However, in light of the strength of the assault inflicted by the defendant against a police officer, it is important to maintain the degree of interference with official duties.
The defendant is not allowed to do so, and the defendant repents late.