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A defendant shall be punished by imprisonment for four months.
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
On July 4, 2019, the Defendant was under the influence of alcohol in front of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, at around 23:30 on July 4, 2019. Around 112, the Defendant used the Defendant’s assaulting that “Sick Hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand over the face of the above D while she was under the influence of alcohol in front of the Dong-gu, Incheon. As such, the Defendant committed assault, such as: (a) intending to sell the said D’s arms by
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D;
1. Application of the Acts and subordinate statutes of photographic image analysis photographs of each black box;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. One to five years from the month of imprisonment with prison labor for the scope of punishment by law;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Type of obstruction of performance of official duties: Obstruction of performance of official duties [No. 1] / coercion of official duties
(b) Measures to mitigate special persons: Where the degree of violence is insignificant;
(c) The scope of recommendations and the scope of recommendations mitigated (one month to eight months for imprisonment);
3. Circumstances unfavorable to the decision of sentence: The nature of the instant crime is poor;
The accused has been sentenced to two times a fine due to violent crimes.
The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.
The part and degree of the assault in the judgment are relatively weak.
All the sentencing conditions and the scope of recommended sentencing guidelines, including the above unfavorable circumstances, favorable circumstances, the defendant's age and behavior environment, the motive means of the crime, the results of the crime, the circumstances after the crime, etc., are comprehensively considered.