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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 17, 2017, the Defendant: (a) around 19:40 on September 17, 2017, around the CKa Center located in Seo-gu Incheon, Seo-gu, Incheon.
“Along with the report of 112, the police officer’s legitimate performance of official duties in relation to the handling of the 112 Report was interfered with, on one occasion by taking into consideration the face of the 112 Report, who was sent to the site from the police officer E belonging to the Incheon Western Police Station D District Unit E, and assaulted the face of the 112 Report.
Accordingly, the defendant assaulted a public official who performs his duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. Investigation report (investigation at the site of the case);
1. 112 Notification to a department related to the report of the case;
1. Application of Acts and subordinate statutes to field photographs;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment] the basic area [the scope of the recommended punishment] shall be six months to one year and six months; and
2. Whether to suspend the execution (general extenuating circumstances) - positive: Serious reflection.
3. The crime of this case in which the defendant committed an assault against a taxi driver and was called out by him, and the crime of this case is not good in light of the situation and attitude of the crime;
The defendant has a past record of criminal punishment four times, and one time before the suspension of execution.
In order to eradicate the national legal order and the state of public authority, there is a social need to punish a criminal defendant with heavy punishment, and only the criminal defendant does not memory under the influence of alcohol.
It cannot be justified just because it is an act during the state, such as statement.
However, the defendant.