Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 24, 2017, 00:26 around 00:26, the Defendant recommended the Defendant to return home, i.e., a slope E (45 tax) affiliated with the Sejong Police Station D (45 tax) sent to the site after receiving a report from 112 that “the Dong Nee male c c c c c c c c c c c c c c c c c c c c c c c c c c c c c
내가 너 팰 수도 있다.
이 씹새끼야 ”라고 하면서 위 E의 얼굴을 향해 주먹을 2회 휘두르고 발로 E의 허벅지를 1회 찼다.
Accordingly, the defendant assaulted E who is a police official, and interfered with legitimate execution of duties concerning 112 reporting duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. 112 Application of the Act and subordinate statutes governing the handling of reported cases and the place of service;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The crime of obstructing the execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act is not only impeding the function of the State’s legal order by nullifying the legitimate exercise of public authority, but also constituting a crime that requires strict punishment corresponding thereto.
However, the punishment as ordered shall be determined by comprehensively taking into account the favorable circumstances such as the defendant's time to commit a crime and reflect, the fact that the defendant does not have the same kind of power, the fact that the person is an contingent crime under the influence of alcohol, the degree of violence is minor, and other various sentencing conditions in the records, such as the defendant's age, occupation, family relationship, sex behavior, environment, conditions before and after the crime