Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 1307] Around 19:00 on April 29, 2014, the Defendant heard the phrase “C” restaurant located in Gangdong-gu Seoul Metropolitan Government, 112 that customers interfere with their business, and she returned only to E, who is a police officer belonging to the D District Unit of the Seoul Gangseo-gu Police Station D District, which was dispatched to the site after receiving a report of 112 that customers interfered with their business. The Defendant saw “I am home, I am inside, I am inside, I am inside, I am.” and assaulted the said E’s hand by putting his hand his finger.
Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.
[2014 Highest 1559] On June 5, 2014, at around 22:40, the Defendant assaulted the victim by hand, on the ground that the victim F (24 years of age, women) smoked tobacco, on the ground that the victim F (24 years of age, women) was fluencing the victim’s head head, flucing the victim’s head, and flucing the cigarette in his/her hand into the view of the victim.
Summary of Evidence
[2014 Highest 1307]
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A written G [Written Statements 2014 Highest 1559]
1. Defendant's legal statement;
1. Application of the police statement-related Acts and subordinate statutes to F;
1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;
1. Crimes of obstruction of performance of official duties:
(a) Type 1 (Obstruction of Performance of Official Duties and Compelling Performance of Duties) is mitigated (one month or August).
(b) Where the degree of assault, intimidation or deceptive scheme is minor, which is a special mitigation;
2. Crimes of assault in judgment;
(a) Scope of recommendations, range of assault crimes, category 1 (general assault) and mitigation area (one month to August);
(b) Where the degree of violence committed to a special mitigation is insignificant;
3. Finality due to the increase in the sentence of majority offenders; and