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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 26, 2016, at around 02:40, the Defendant reported on July 26, 2016, 112 the contents of the “scamb around the earth area” in front of the Gyeonggi Police Station E District, Gwangju City, and used the victim’s side f (47 years old) to walk back to the earth area to listen to the statements related thereto, which is the circumstances belonging to the said earth area, the Defendant demanded the Defendant to move to the earth area, and the victim’s face was gypted one time by drinking himself, and used the victim’s body side flick at one time.
As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported duties and the maintenance of public order, and at the same time, the Defendant inflicted an injury on the victim, such as inside and outside the 8 week of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A written diagnosis of injury;
1. Application of CCTV images, evidence photographs, and other Acts and subordinate statutes to damaged photographs by capturing CCTV images;
1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act (limited to cases where punishment is more severe than that of serious injury) of the ordinary concurrent crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of obstructing the performance of official duties on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus, it is necessary to strictly punish the State in order to establish legal order and eradicate the light of public authority. In light of the fact that the Defendant committed the instant crime with the public official’s injury in need of eight weeks’ medical treatment, the Defendant’s liability for the crime is not minor.
However, the defendant's mistake is divided, and the defendant is the first offender, and the defendant pays 20 million won to the damaged police officers, and agrees with the victim.