폭행등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 00:50 on September 2, 2013, the Defendant assaulted the victim’s neck in several times by hand on the ground that the victim F (year 48) did not set a taxi in front of the E-district parking lot in the Pakistan Police Station E-gu, the Pakistan Police Station, the Pakistan, on the ground that the victim F (year 48) did not set a taxi.
2. When the Defendant reported the Defendant’s assault on the same date, time, place as indicated in paragraph (1), and the Defendant was removed by G, a police officer belonging to the Pakistan Police Station E District Group, from the said district building, and the Defendant expressed to the above G that “spacks, spacks, spacks, frans, bits, bits, bits, bits, bits, bits, bits,” and the Defendant obstructed the police officer’s legitimate performance of duties regarding the protection of the people’s body and the suppression of crimes by assaulting the part of the said G once.
3. 모욕 피고인은 제1항과 같은 일시에 위 E지구대 안에서, 위 F, 근무 중인 경찰관들이 있는 가운데, 위 E지구대 소속 경찰관인 피해자 H에게 “야! 개새끼야 내가 뭘 잘못했냐 씨발 좆같은 새끼야, 개새끼야, 씹새끼야.” 라는 등의 욕설을 하여 공연히 피해자를 모욕하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of G and H;
1. A written statement;
1. Application of statutes governing the place of work;
1. Relevant provisions of the Criminal Act and Article 136(1) of the Criminal Act, the choice of punishment for the crime (the point of obstructing performance of official duties, the choice of imprisonment), Article 260(1) of the Criminal Act, Article 311 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc., even though there was a criminal record of having been punished as an obstruction of performance of official duties over the past two times, once again commits the same kind of crime. However, the defendant suffers from mental and behavioral disorder by alcohol use.