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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 15, 2018, at around 16:20, the Defendant: (a) received 112 report from the river basin located in Gangseo-gu Seoul, Gangnam-gu, Seoul, on December 15, 2018, stating that “Ausbin is written” in the river basin located in the Dobong-ro 338; and (b) assaulted B on both hand on the floor of the river basin of the Seoul Gangseo-gu Police Station, which called “I have come to come to her governance.”
Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives and bodies of the police officers.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The police statement concerning B;
1. A written statement of C and D;
1. Application of the Act and subordinate statutes to investigation reports (CCTV investigation);
1. Article 136 (1) of the Criminal Act applicable to the crimes;
1. The reason for the sentencing of Article 62(1) of the Criminal Act (hereinafter the reason for sentencing) of the suspended sentence [Scope of the punishment of recommending] The mitigated area of Article 62(1) of the Criminal Act (amended by Act No. 1) (amended by Act No. 504, Jan. 8) [Special Mitigation] (amended by Act No. 504, Jan. 2, 200). In a case where the degree of violence, intimidation, deceptive scheme, or obstruction of official business is minor (amended by Act No. 504, Jan. 2, 2006] The decision of sentence is inevitable for the defendant to exercise violence against police