Text
A defendant shall be punished by imprisonment for six 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 October 8, 2017, the Defendant: (a) around 22:55, at the Defendant’s residence located in Daejeon Seo-gu Seoul 504, Daejeon, Daejeon, on the following occasions: (b) “C 504,” the Defendant issued a letter that the police officer belonging to the D District District, dispatched upon receipt of a report 112, constitutes a biased investigation against E by the police officer assigned to the police officer of the D District, who called the D District, and “I cannot commit a frighting voice due to a hole,” and “I am frightened by a bitch fright fright fright, so C fright fright, C fright, C fright fright, C fright fright,
Before their desire
The police officer committed assault, such as taking a bitch bitch bitch bitch bitch bitch bitch bitch bitch, taking a bath over about 10 minutes, taking a part of the police officer's ship on the Defendant's ship, and attaching the part of the police officer's ship on one occasion, thereby hindering the police officer's legitimate performance of duties concerning the handling of reports.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. The F’s statement (F was at the scene of the Defendant’s crime and was prepared to the effect that the Defendant had observed the crime immediately after the commission of the crime, and the above statement did not peep into circumstances where the falsity would otherwise be changed, and its credibility is recognized as being consistent with the victim’s statement.
On the other hand, F’s testimony to the effect that he did not witness the scene of the Defendant’s assault is not believed in light of the contents of the above statement prepared by the investigative agency or the changes in the relationship between F and the Defendant before and after the commission of the crime.
1. Attaching a report on investigation - a photograph, work log, etc.;
1. On-site images of Handphones (the defendant and defense counsel denied the police officer's assault without physical contact, but according to the consistent statement of the witness E and the appearance of the crime scene immediately after the crime, etc., it is sufficiently recognized that the defendant committed assault and intimidation against the above victim police officer as stated in the judgment of the court below.
Application of Statutes
1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.