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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
At around 01:35 on September 2, 2016, the Defendant: (a) was subject to notification as a violation of the Punishment Act from D District of Seoul, Yeongdeungpo-gu Police Station D District, Seoul, which the Defendant called for after receiving 112 report that the Defendant would avoid disturbance under the influence of alcohol; and (b) was in line with the above F’s intent, i.e., “I am, saw, cut, and son,” and b) committed assault on the part of the above E’s arms and chest, the part of the above F, the part of the bridge, the part of the bridge of the said E, and the bridge of the said F.
Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases and notification disposition.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the police interrogation protocol of the defendant;
1. Each police statement to F and E;
1. As to the Defendant’s assertion of G’s statement, the Defendant asserted that the instant crime was under the influence of alcohol at the time of the instant case, and that the instant crime was under the influence of mental and physical disorder.
However, according to the evidence duly adopted and examined by this court, the defendant at the time of this case can be found to have committed the crime because he had a lot of drinking and had a state of drinking. As such, as long as the defendant has come to a state of drinking on his wind, such circumstance cannot be seen as an element that can reduce the defendant's liability pursuant to Article 10 (3) of the Criminal Act. Thus, the defendant's above assertion shall not be accepted.
Application of Statutes
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Reasons for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The basic area of obstruction of performance of official duties [Type 1]: