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A defendant shall be punished by imprisonment for six 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 March 30, 2018, at around 00:45, the Defendant received a report from 112 on the content that “A family kid significantly kids,” among the disputes about C, a female living together, in a residential area located in the Nam-gu Incheon Metropolitan City B 301, and sent to the site, E ( South, 34 years old) who belongs to the Seoul East-gu Police Station D police station D, the Defendant sent to the site. The Defendant “I reported to the end of the year.”
Before doing so, “Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo,” and “Woo-Woo-Woo-Woo-Woo-Woo-Woo]
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police statement protocol to E;
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;
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. The crime of this case, which was decided to be sentenced, is that the police officer, who was dispatched to the scene of assaulting a female living together, takes a bath and pushed the chest, and the nature of the crime is not less than that of the crime in light of the circumstances of the crime, degree of assault, etc.;
In order to establish the legal order, crimes that obstruct the legitimate performance of police officers' duties are recognized to require strict punishment.
The defendant has a past record of criminal punishment four times, and two times among them, assault or inflict an injury on a female living together.
However, the defendant led to the confession of the crime and reflects his mistake.
There is no record of punishment for the same crime.
In full view of the above circumstances, the sentencing conditions shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, are as follows.