Text
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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 02:30 on December 28, 2018, the Defendant committed assault by “C” located in Yeongdeungpo-gu Seoul Metropolitan Government, and the Defendant sent to the police box affiliated with the Seoul Yeongdeungpo-gu Police Station Down-gu Police Station, Seoul, under which the Defendant was carrying out the case after receiving a report of a frightening to other customers, and tried to take the face of police officials dispatched to the police, such as mobile phone E, while intending to take the fright of a police official who was sent to a mobile phone, by stating that “Ne is a police fright,” and “the fright of a police officer who is the same fright fright,” and assaulted E by taking the face of a police official who was sent to a mobile phone, such as E, one-time smuggling, and several times
Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and maintenance of order by police officials.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to investigative reports (excluding field documentary evidence images and photographs) (excluding CDs);
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, including the background and content of the instant crime, the degree of assault, the Defendant’s one-time punishment for the same crime, and the fact that the Defendant committed the crime at all times, despite the fact that he/she had been subject to punishment for the crime accompanied by violence. However, it is recognized and reflected that the crime was committed, and one million won was deposited for the police public officials who committed the assault; the last time of the punishment is around March 2010 and there was no record of punishment exceeding the fine; the current spouse’s health status seems to be very good and difficult from financial point out; the Defendant’s age, career, health status, and family relationship are favorable or unfavorable to the Defendant expressed in the arguments.