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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 July 21, 2017, the Defendant was working on the street in front of Mapo-gu Seoul, Seoul at around 23:12, and was reported to 112, the Defendant’s failure to remove the Defendant, whose slope belonging to the D District Unit of Mapo Police Station D in Mapo-gu, Seoul, where he was called up on the floor, and "on his home returned to Korea".
C f. N. F. H.E. Z. N.N. police:
how governance it received and served;
"Along with high sound, E's platform is cut off by a string, and following it assaulted E, such as cutting off a side of the left side of E.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.
Summary of Evidence
1. Each legal statement of witness E, F and G;
1. Each police statement protocol with respect to E and G;
1. The defendant and his defense counsel asserts that the CCTV video does not constitute an assault against a police officer.
However, the witness E makes a detailed statement in detail about the facts of assault as stated in the decision of the defendant in the investigation agency and this court, and considering all the evidence mentioned above, the above facts of the crime can be fully recognized.
Therefore, the defendant and defense counsel's assertion is not accepted.
Application of Statutes
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. Persons who interfere with the performance of official duties in Class 1 of the Act on the Prevention of Interference with the Execution of Official Duties within the scope of the recommended sentence: Imprisonment with prison labor for not less than six months nor less than one year and six months;
2. Major reasons for a stay of execution: positive - General reasons for not having any history of criminal punishment: positive - Social relation clear.
3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, conditions of sentencing with the time limit of 80 hours above community service, and assaulting police officers to perform official duties by taking into account their uniform conditions of sentencing shall interfere with the exercise of legitimate public authority which must be strictly executed, and the nature of such offense is not less severe; and