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A defendant shall be punished by imprisonment for four 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
On July 17, 2014, around 01:50, the Defendant refused to pay the alcohol value, and refused to comply with the police officer demanding personal information, by holding that: (a) the police box F of the E box sent to the site after receiving a report of alcohol value at the front of the Dju located in Spocheon-si C, and that: (b) the E box F of the E box sent to the site by calculating the alcohol value; and (c) whether the E box G was to have a person who has no error of misunderstanding; and (d) whether he was to have him returned
Accordingly, the above police officers assaulted the Defendant to arrest the Defendant as a flagrant offender committing a crime of involuntary fraud, and interfere with the police officers’ legitimate execution of duties concerning the arrest and handling of reported crimes by assaulting the FF of the above police officers.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol of statement to F;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Where the scope of mitigation area (one month to eight months) of obstruction of performance of official duties (special mitigation) (special mitigation) is minor (decision of sentence] of assault, intimidation, and deceptive scheme (decision of sentence] that the defendant exercised assault against a police officer, etc. is disadvantageous to the defendant.
However, in full view of the following circumstances, the degree of assault is relatively minor, the defendant reflects his mistake and repents in depth, the motive of the defendant's crime may be considered, the defendant's age, character and conduct, circumstances before and after the crime, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, before and after the crime