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A defendant shall be punished by imprisonment for not less than eight 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
2. On January 13, 2018, the Defendant interfered with the performance of official duties, on the front side of C, located in Won-si, Seoul around 23:45, on the front side of C, the Defendant, who was assaulted by D, took a bath to be removed from F, who was called out after being reported 112 during the course of assaulted by D, and carried out a bath to be removed from the circumstances F, which belongs to the Kuwon Police Station E District, and carried out the said F’s chest on several occasions by hand, and left the arms and clothes of the said F.
As a result, the suspect interfered with the prevention and investigation of police officers' crimes, and legitimate execution of duties concerning the handling of 112 reported cases.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F or D;
1. Application of Acts and subordinate statutes to photographs concerning cases of violence;
1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 62(1) of the Criminal Act suspended execution (Article 62(1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the result thereof, in light of the method and consequence thereof, etc., and there is no criminal conviction against the defendant, and the defendant does not have any criminal conviction, and the defendant has a depth of his/her mistake, and other circumstances, such as the motive and circumstance of the crime obstructing the performance of official duties of this case, the defendant's age, occupation, family relationship, health condition, etc.
1. The summary of the public prosecution room under Article 62-2 of the Criminal Act (Dismissal of Public Prosecution)
1. On January 13, 2018, the Defendant assaulted the victim by spiting the victim’s face, spiting the victim’s body on a hand, spiting the victim’s body on the face of the victim, shacking the victim’s body on the ground that the victim D (48 years old) reported the victim’s daily G, which is a drinking traffic accident, to the police.
Judgment
Article 327 Subparag. 6 of the Criminal Procedure Act, which provides for the prohibition of punishment against a victim's will;