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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
On August 20, 2016, around 01:20 on August 20, 2016, the Defendant: (a) committed assault by the head of the police station D District in Busan, which called the scene after receiving a report of 112, to arrest the Defendant as a flagrant offender in the crime of assault against the Defendant’s F; (b) the chest of the above E was pushed down once, and walked with the Defendant’s mouth.
Accordingly, the defendant interfered with the proper execution of duties concerning the maintenance of police officers' order and crime control.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statements made to F and E;
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is that the defendant assaulted a police officer as above and obstructed the performance of his official duties, and the nature of such crime is not weak.
However, the sentencing conditions in the records, such as the defendant's age, occupation, character and conduct, family relationship, motive and circumstance before and after the crime, etc. shall be comprehensively considered, and the sentence like the order shall be determined.
Public Prosecution Rejection Parts
1. Of the facts charged in the instant case, on August 20, 2016, the Defendant assaulted the victim F (23 years of age) who is an employee at the Cnonoa Town located in Busan-gu, Busan-gu, by using the hand floor of the Defendant, on the ground that the victim F (23 years of age) did not mislead the horses. As such, the Defendant committed assault, such as making the victim’s back water, booming the bat, bating the head, and bating the head.
2. Determination of applicable provisions of law: Judgment dismissing prosecution that the victim's "Withdrawal of complaint and written agreement" was submitted to this court on December 14, 2016, which was after the prosecution is instituted under Article 260 (3) of the Criminal Act: Article 327 subparagraph 6 of the Criminal Procedure Act;