The sentence of sentence against the defendant shall be suspended.

Criminal facts

On September 17, 2016, at around 00:10, the Defendant committed assault against the Defendant, i.e., 1864, in front of the Agricultural Cooperative Federation, the 1864, his husband, who was under influence of drinking and was compelled to be arrested by the police officer C Inspector of the Dao Police Station C, a police officer controlling the unpaid fine, on the ground that: (a) the Defendant took a bath to the said D, stating that “I must do this Chewing,” thereby cutting down the arms, cutting back the back the arms, and cutting them over the floor.

Accordingly, the defendant interfered with legitimate execution of duties concerning the crackdown on driving of alcohol by police officers and the job of a fine unpaid worker.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and E respective legal statements, and the witness F's legal statements;

1. Relevant photographs (HD), CD 1 (Carrying images) and case-related photographs;

1. Application of Acts and subordinate statutes concerning the execution of punishment;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day converted);

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (Reasons for sentencing as follows) of the suspended sentence

1. The summary of the argument: (a) The Defendant only left the back part of the back part of the ice, which he entered into the ice D, and did not engage in any act identical to the facts charged.

② The Defendant’s husband, was arrested on the ground that the F did not pay a fine. At the time, the Defendant’s husband did not notify the fact of issuing a sentence execution warrant, and the Defendant did not present a sentence execution warrant even after the arrest, and was carried out by plucking and plucking up the F’s arms responding to the arrest in a net order without any particular resistance, and carried out a locking. This is in violation of the Act on the Performance of Duties of Police Officers and the Regulations on the Guidelines, etc. for the Use of Hazardous Police Equipment, and thus, D’s arrest is not legitimate official duties.

③ Even if the execution of official duties is lawful and the fact of assault by the Defendant is recognized, the Defendant’s act is against the social norms.