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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around 23:00 on October 12, 2017, the Defendant: (a) sent a fighting boat between customers after receiving 112 reports that they had been fightinged; and (b) heard the statements of the relevant persons; (c) committed assault on the part of the left part of the E, which was sent to the police box affiliated with the police box of the North Korea Coast Guard, without any particular reason, at the time of the Defendant’s assault.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention and suppression of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against E;
1. Investigation report (in relation to the dispatch of a report to 112 report, the application of statutes);
1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of applicable sentences: Imprisonment for one month to five years;
2. Application of the sentencing criteria [Type] There is no type 1 (Interference with the performance of official duties and coercion of duties) [Special Sentencing] (the territory of recommendation and sentencing of recommendations], the basic area of punishment, six months to one year and six months.
3. The crime of this case committed by the Defendant in the course of performing official duties without any special reason is committed by the Defendant, and is highly punished by the act itself, and the fact that the Defendant has already been punished by an act of violence over several times is disadvantageous to the Defendant.
However, considering the fact that the defendant reflects his depth, the degree of violence committed by the defendant is not severe, the fact that the defendant has no criminal record other than a fine, the circumstances favorable to the defendant shall be considered, and the punishment shall be determined like the order in consideration of all the sentencing conditions shown in the arguments in this case.