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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On July 9, 2012, the Defendant was sentenced to a summary order of KRW 2 million by the Seoul Northern District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the same court on November 26, 2012, sentenced to a fine of KRW 2.5 million due to the crime of interference with business and obstruction of performance of official duties, and was committed nine times in total.
【Criminal Facts】
1. 폭행 피고인은 2013. 5. 28. 17:00경 서울 도봉구 B 2층에 있는 피해자 C(여, 56세)가 운영하는 'D주점'에서, 피해자가 술값을 계산해 달라고 했다는 이유로 욕하면서 피해자의 왼쪽 발목을 1회 걷어찼다.
Accordingly, the defendant assaulted the victim.
2. On May 28, 2013, at around 17:58, the Defendant: (a) arrested a flagrant offender on the ground of the facts constituting the crime, etc. indicated in paragraph (1); and (b) 3: (c) 4: (a) 17:58, a police box located in Dobong-gu Seoul Metropolitan Government E; (d) 1: (c) 1; (c) 2: (d) 1; (d) 2; (d) 2.
Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest and investigation of police officers in the act of crime.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol protocol to C and G
1. Article 260 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act in the suspension of execution (absation, alcohol addiction treatment, etc.);
1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;