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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
Around 20:40 on June 18, 2017, the Defendant: (a) received a report from 112 that “the other party’s driver has driven a traffic accident while driving the vehicle; hereinafter the same shall apply)” caused a traffic accident on the front of D located in Seocho-si C; and (b) responded to the measurement by “the other party to the measurement by inserting a snife and face with red and inaccurate string so that he is suspected to drive a drinking, and thus, he did not comply with the request, and thus, arrested a flagrant offender under suspicion of violation of the Road Traffic Act (driving), and assaulted the above F’s face one time at his head.
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. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to E global service log (Y), 112 reported case processing chart, CD 1, and a copy of a letter of arrest of flagrant offenders;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that even though there are several criminal records related to violence, the Defendant again commits the instant crime, and that the nature of the instant crime is not weak due to the use of violence while breathing the police officer who is performing legitimate official duties.
However, the punishment as ordered shall be determined by taking into consideration all sentencing factors shown in the pleadings of this case, such as the age, sex, environment, motive, means and consequence of the crime, etc., which appears to be an contingent crime while under the influence of alcohol, there is no record of punishment for obstructing the performance of official duties, reflects the reflection, and other factors of sentencing as stated in the arguments of this case.