Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, 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
On February 22:26, 2020, on the front side of Seongbuk-gu Seoul Metropolitan Government, the Defendant: (a) separated the Defendant from the above C; (b) tried to listen to the Defendant’s statement; (c) was sealed by the slope D belonging to the Seoul C of the Seoul C of the Police Station, who was dispatched after receiving the report of 112 as a result of assaulting related person C; and (d) was arrested as a crime of obstruction of performance of official duties, the Defendant sent the face of the said D of the said D one time as he sawd.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Partial statement of the defendant (the second court date);
1. Application of witness D’s legal statement E of private CCTV images to the CD-related Acts and subordinate statutes;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing in Article 62-2 of the Criminal Act on probation and order to attend a meeting was that the police officer assaulted a woman in a related relationship and called out after receiving 112 reports. The police officer obstructed the police officer from hearing the women's statements, exercising tangible power by booming the police officer, booming the police officer, etc., and selling the face of the police officer during the process of arresting him as a flagrant offender.
The cases of assaulting police officers who are performing legitimate official duties are heavy, and there are no other circumstances to consider differently in the course of the crime.
However, taking into account the circumstances such as the fact that the defendant shows an attitude against mistake, the degree of exercise of tangible power is relatively excessive, and there is no record of punishment except for punishment once for the crime of total injury, etc., the execution of imprisonment is suspended on condition of probation and order to attend a lecture, and the punishment is determined as ordered by taking into account all the sentencing conditions under Article 51 of the Criminal Act.