Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that 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
1. On February 4, 2019, the Defendant assaulted the victim at the front of the Bupyeong-gu, Incheon, Bupyeong-gu B Apartment, Incheon, at around 19:12, the Defendant: (a) opened a defective driver’s seat, which the victim C (the South and the age of 62) forced the Defendant to turn off the front of a vehicle; (b) opened the victim’s side gate, which he was seated at the driver’s seat once, and assaulted the victim at his hand when the victim’s face, ship, etc. gets off from the vehicle.
2. On February 4, 2019, at around 19:15, the Defendant obstructed the police officer’s 112 report processing and the lawful execution of duties concerning crime prevention by assaulting the police officer, who was a police officer, belonging to the D District Unit of the Incheon Bupyeong Police Station D District District (E, 57 years old) who was dispatched to the place specified in paragraph (1) upon receiving a report of paragraph (1) on February 19, 201, and arrested the Defendant as a flagrant offender of the crime of assault.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to C, F, and E;
1. The notification of the criminal place, the department reporting the 112 Incident, and the application of the law of investigation report (No. 19)
1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act and the choice of imprisonment for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive and background of each of the instant offenses, means and methods of committing each of the instant offenses, and circumstances after committing the offense, and the conditions of sentencing as ordered shall be determined.
In light of the circumstances, contents, etc. of each of the instant crimes, the Defendant’s liability is not less and less, and the obstruction of performance of official duties is a crime that undermines the function of the State by nullifyinging legitimate exercise of public authority, and thus the establishment of national legal order and the light of public authority.