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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 12, 2017, the Defendant, at around 22:10, arrested, taken custody of, and taken custody of, the unpaid number of fines to the C District District located in Busan Seo-gu B, Busan, the Defendant took a bath to the slope D belonging to the said C District, and assaulting the said D’s chest by hand.
Accordingly, the defendant interfered with the legitimate execution of official duties concerning the punishment of the police officers on the unpaid fine.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Each report on investigation;
1. Application of each statute on photographs;
1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the following grounds for sentencing)
1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] that interferes with the performance of public duties, and the mitigation area (one month to eight months) (the obstruction of the performance of public duties and the coercion of duties) - Special mitigated persons: Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor;
2. Determination of sentence shall comprehensively take into account all the factors of sentencing, including the circumstances leading the Defendant to the instant crime, the means and consequence of the instant crime, the specific form of assault, the degree of interference with the performance of official duties, and the fact that there is no record of crime exceeding the fine since 2002, circumstances after the instant crime, and other factors of sentencing such as the age, sex, environment, and social ties.
It is so decided as per Disposition for the above reasons.