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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 30, 2017, the Defendant reported that the Defendant was punished for a telecom and trial expenses in the cel stairs located in Sungnam-si, Manam-si B, Sungnam-si, and received a report from 112, and requested the Defendant to return home from a slope E, a police officer belonging to the D District Police Station of the Gyeonggi Sungnam-nam Police Station, the Defendant called up for the face of the police officer at one time with his hand.
Accordingly, the defendant assaulted the above police officer and interfered with legitimate execution of duties concerning the maintenance of order of the police officer.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the F’s written statement to 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 (The following favorable circumstances):
1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;
1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;
2. Circumstances unfavorable to the decision of sentence: The crimes committed in this case are considerably bad in light of the circumstances of each crime, the degree of violence, the circumstances before and after the crime, etc., and favorable circumstances such as the accused having the same kind of criminal records and multiple criminal records: The confession and reflect of the accused, and the degree of violence against police officers is heavy;
The punishment shall be determined as per the order, taking into account the circumstances under Article 51 of the Criminal Act, the scope of the recommended punishment according to the sentencing guidelines, such as the fact that it is not visible.