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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
The Defendant, around 00:40 on February 6, 2017, was under the influence of alcohol at his own house located in Daegu Northern-gu 102 Dong Dong 1113 on 102.
5살 아들이 죽어 가고 있다” 라는 허위신고를 하였고, 이에 출동한 대구 강북 경찰서 C 지구대 소속 경찰 공무원인 경장 D(36 세) 등으로부터 즉결 심판 회부 스티커를 발부 받은 것에 화가 나 신고업무를 마치고 복귀하는 위 D를 쫓아가 엘리베이터 안에 있던 위 D의 손을 발로 걷어찼다.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the investigation and prevention of crimes.
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 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person [the person subject to special sentencing] in the basic area (from June to one year and six months) (the person subject to special sentencing] [the decision of sentencing] [the decision of sentence], taking into account the following circumstances, such as the age, sex, criminal conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc., as indicated in the records of this case, the sentence is determined as per the disposition.
D. Unfavorable circumstances: The defendant's use of violence against a police officer who is performing legitimate official duties, and his/her liability for such crime is not against the law.
The degree of damage suffered by the damaged police officer is not severe.
The defendant shows a attitude against his mistake.