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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On June 29, 2016, around 01:20, the Defendant was arrested as a flagrant offender from the police officer D (29 years of age) and E (32 years of age) belonging to the Seoul Western Police Station C District of Seodaemun-gu, Seoul, the Defendant refused to comply with the arrest of D from the police officer in the act of assault in front of the new village No. 87, Seogu-gu, Seoul, Seogu, Seoul, to move out of the patrol police officer's cres in which the boms of the patrol police officer are open, and the Defendant was able to keep D from the other patrol police officer's cres in his hand at one time, and d's bombs of D with his hand, and d's bombs of E to restrain it.
Accordingly, the defendant assaulted police officers who perform legitimate duties on the arrest of flagrant offenders.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or E;
1. Application of Acts and subordinate statutes to mobile phone images;
1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. In light of the Defendant’s speech and behavior, etc. expressed in the cell phone images, etc. of the determination of the mental or physical loss of the choice of imprisonment with labor or the assertion of mental or physical weakness, it cannot be deemed that the Defendant had no or weak ability to discern things at the time of committing the crime stated in the facts of crime.
The sentence of a fine is imposed twice due to the obstruction of the execution of official duties due to the reason for sentencing, even though the sentence was sentenced once to the suspension of the execution of a sentence of imprisonment, the second crime was committed again, and several police officials committed violence against each other, and the method of violence is also poor and insulting, and the sentence of a punishment for ten months is imposed.