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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 26, 2015, at around 12:15, the Defendant used the Defendant’s house located in Jung-gu Seoul Metropolitan Government, to assault his wife D, and sent out after receiving the above D’s report, and expressed that F(52) in the circumstances belonging to the Jung-gu Police Station E District Unit of the Junggu Police Station was “F(52 years of age) to arrest the Defendant as a flagrant offender,” and used the Defendant’s desire to “F’s shoulder and breast,” and obstructed the police officer’s legitimate execution of duties for arresting a flagrant offender.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of partially the defendant's prosecution;
1. Statement of each police statement made to F and D;
1. Application of the legislation in its opinion;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties shall be the category 1 (the obstruction of performance of official duties and the coercion of official duties).
2. Although the criminal defendant's decision to punish the defendant habitually exercises violence against his wife, and uses violence against police officers dispatched after receiving a report, the crime's nature is not weak, the defendant's wife is divided and the victim's wife wishess the defendant's wife without much degree of assault against the victim, the defendant has no record of criminal punishment except for home protection cases, and is detained until the defendant is released as the legality of detention, and the defendant's family's health status, age, character and conduct, environment, etc. are divided and the punishment of this case is to be determined as per the order.