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A defendant shall be punished by imprisonment for four 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 March 10, 2018, at around 20:40, the Defendant was urged to return home from E in the circumstances where he belongs to the Incheon Western Seo-gu Police Station D District Unit, which was dispatched after receiving a report from 112.
The Defendant, as a hand, assaulted E with the two descendants, was tightly tightly boomed in which both sides were contained, and assaulted E.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the dispatch of 112 report and the prevention of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the F and G respective Acts and subordinate statutes;
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 of Article 62(1) of the Act on the Suspension of Execution 【the scope of the recommended punishment】 The scope of the mitigated punishment [Article 62(1) of the Act on the Suspension of Execution - [Article 62(1) - The scope of the mitigated punishment [Article 1] - Where the degree of violence is minor, the reason and circumstances for sentencing 【The case where conflicts between neighbors are not resolved autonomously without the exercise of police power] is increasing, and there is no need to find respect for police officers
The attitude of police and investigation on the public authority is disadvantageous to the defendant.
However, it is difficult to readily conclude that the Defendant is highly likely to repeat a crime or criminal inclination has reached the stage of isolation, in light of the weight of the mitigated person, good power, light against the truth, and resolution of neighboring conflicts at the trial date.
【Determination of sentence】 Determination of sentence for four months within the scope of recommendation shall be made, but the execution thereof shall be suspended for a period of one year.