Text
A defendant shall be punished by imprisonment for not less than eight 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 January 8, 2017, at around 01:30, the Defendant was under the influence of alcohol in the front of the “C main point” located in Gangseo-gu Seoul Metropolitan Government, and was arrested as a flagrant offender under the suspicion of the above assault, etc. by the F, the police officer of the Gangseo-gu Police Station E police box dispatched after receiving a report at the same place on the same day at around 02:05 on the same day.
At around 02:20 on the same day, the Defendant, even after arrested a flagrant offender at the E box located in Gangseo-gu Seoul Metropolitan Government G, was able to carry with police officers, such as taking a bath to police officers, etc., and the said F, by hand, carried the hand of the said F, and carried the hand by hand, etc.
Accordingly, the defendant assaulted F who is a police official, and obstructed the police officer's legitimate execution of duties concerning criminal investigations.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to photographs damaged;
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 suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;
2. Determination of sentence shall be made by taking into account the circumstances that the Defendant recognized and led to a mistake, the degree of interference with the performance of official duties, the records of crimes (two times before and after the arrest), the circumstances after the commission of the crime (in the event that the Defendant continues to take a bath after his/her arrest), and other various circumstances that serve as conditions for sentencing, such as the Defendant’s age, sex, and environment.