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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 13, 2016, at around 09:55 on October 13, 2016, the Defendant was punished for the dispute due to E and parking problems at the 105 underground parking lot of 105 Yansan-gu, Yancheon-gu, Seoul, with the report of 112, and the Defendant’s slope G, who was dispatched, was subject to the control of her only check.
Accordingly, the Defendant, by hand, assaulted the Defendant at once, who continued to take a bath of G, arrested the Defendant as an offender in the act of committing an offense, and assaulted the Defendant at the back of patrol car twice on two occasions, such as walking the static part of G, which is about to take on the back of patrol car.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.
Summary of Evidence
1. Application of the Acts and subordinate statutes to each of the defendant's legal statements by witness G, H and I as well as each legal statement by each court;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);
1. A summary of the Defendant’s assertion and assertion of determination on the Defendant’s assertion of the Social Service Order under Article 62-2 of the Criminal Act, and the Defendant’s assertion on this issue, does not agree with the police officer G’s view to walking out the part of the police officer G’s right, and the Defendant’s act constitutes a legitimate defense or legitimate act as a resistance against an illegal arrest, since the police officer’s arrest of the Defendant as a flagrant offender did not meet the requirements for the arrest of a flagrant offender, even though the police officer unilaterally handled the instant case.
2. In order to arrest an offender as the current offender, there should be concerns about punishment of the act, the current and temporal contact of the crime, the necessity of arrest in addition to the apparentness of the offender and the crime, i.e., the necessity of escape or destruction of evidence. Such requirements for arrest of a flagrant offender should be determined based on the situation at the time of arrest. In addition, there is room for considerable discretion in the judgment of the investigative body.
(c).