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A defendant shall be punished by imprisonment with prison labor for four 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
On April 18, 2018, at around 19:47, the Defendant, upon receiving a report from 112 that a drunk person frighted on the OM on the OE on the OE-Road B, sent to the Tranchi Police Station C District District of the Sungdong Police Station, expressed a bath to ask the Defendant for personal information, etc. of the Defendant in order to verify the reported matters, and assaulted D’s bucks and right arms, respectively.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. E statements;
1. A photo of the damaged part;
1. Application of the Acts and subordinate statutes on the investigation report (Attachment ofCCTV video images) and the photographic images of the said images;
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 on the suspended execution;
1. In light of the purpose and content of the instant crime, including the following facts: (a) the protection and observation, and the community service order under Article 62-2 of the Criminal Act; (b) Articles 44-2 and 2-3 Subparag. 2 of the Medical Care and Custody Act [the Defendant, other than the instant case, exercised violence to his wife who is not healthy under the influence of July 6, 2017; (c) the Defendant’s wife did not want violence and has been processed as a home protection case because he did not want violence; (d) five times the Defendant was punished due to a violation of the Road Traffic Act; and (e) the Defendant himself is provoking of his drinking habits; and (e) the Defendant’s criminal record and relationship with the Defendant’s criminal record, there exists a habit that consumes alcohol.
The reason for sentencing is also recognized, and there is also the need to receive the risk of recidivism and the outpatient treatment.
1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area (from June to June) of the sentencing criteria shall not interfere with the execution of public duties;
2. The Defendant rendered a sentence by assaulting a police officer who performs duties in uniform, thereby impairing the public authority with respect to the enforcement of the law.