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.

Punishment of the crime

On February 4, 2016, around 23:00, the Defendant committed an act of cutting D, etc. on the road front of the Cnsan City B, and upon receiving a report of 112, the Defendant was sent to the site by F, who belongs to the police box of the Sungdong-dong Police Station, the Defendant was called to the site.

Defendant F, who was arrested in the act of committing a crime against the above F and was carrying to the police box of the Sungdong Police Station E of the Sungdong Police Station at the time when the game was held, the above F, “I am feas and spaw within the inside.”

“At the same time, assaulted the F’s right-hand bucks, such as the vehicle that walked once at the right-handbucks.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of each statute of the D;

1. Relevant Article 136 of the Criminal Act and Article 136 of the Criminal Act (1) and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to one year and four months) (no person in special sentencing) shall interfere with the performance of official duties;

2. In light of the fact that the Defendant, who was sentenced to a fine one time for the same type of crime, was punished once a suspended sentence, but again commits the instant crime, the nature of the crime is not good. However, considering the fact that the Defendant’s mistake is against his/her own mistake, the degree of assault is not serious, etc., the Defendant’s age, sex, environment, circumstances and details of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined by taking into account the sentencing conditions indicated in the records.

Rejection of Public Prosecution

1. 공소사실의 요지 피고인은 2016. 2. 4. 22:20 경 오산시 B에 있는 C 여관 앞 도로에서 피해자 D(41 세) 소유 자동차를 발로 찼고, 이에 피해자가 항의하자 피해자의 머리를 오른손 주먹으로 4회 때려 폭행을...