Text
1. The defendant shall be punished by imprisonment with prison labor for four months;
2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
On January 11, 2017, at around 23:25, the Defendant: (a) was under the influence of alcohol on the front of the “le-way 46” Doz. 86, Seoul Fili Changwon; (b) “A person under the influence of alcohol,” upon receipt of a report from 112, committed assault by the Defendant, such as a defect in the course of moving the Defendant to India by shouldering the Defendant to India; and (c) a bridge of the Yongsan Police Station B, who was called up, to take protective measures against the police officer of the Yongsan Police Station B, who was called up upon receipt of the report.
Accordingly, the defendant interfered with the legitimate execution of duties concerning reporting processing duties and protective measures by police officers.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;
2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):
3. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;
4. 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 sentencing guidelines for sentencing: Where the degree of interference with the execution of official duties is minor, such as assault, intimidation, deceptive scheme, or obstruction of official duties, in the area of mitigation (one month to eight months), provided that the person selects imprisonment for not more than eight months (the scope of a recommended punishment);
1. Unfavorable circumstances: The fact that the defendant prices a police officer in uniform and the nature of the crime in this case is inferior, and the defendant has been placed in four times only in 2016 and has repeatedly caused problems by a fine twice in a short period;
1. favorable circumstances: Taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., such as the fact that the defendant commits a mistake and has no criminal record of the same kind and no criminal record exceeding the fine;