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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around March 27, 2014, the Defendant is required to add violence to the victim E (the age of 40) who is an employee at the “DMoel” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, from around 22:50.
금을 요구받자 화가 나, 위 E의 가슴을 머리로 10여회 들이받고, 손으로 가슴을 밀치고, 발로 다리를 걷어찼다.
The defendant continued to see the chest of the victim F (the 36-year old) who was another employee, was the head, and was sprinking him.
Accordingly, the defendant assaulted victims.
2. 공무집행방해 피고인은 2014. 3. 27. 23:15경 위 ‘D모텔’ 주차장에서 “손님이 모텔 종업원을 폭행한다.”라는 내용의 112 신고를 받고 출동한 인천 삼산경찰서 G지구대 소속 경찰관 경사 H으로부터 사건경위에 대한 질문을 받자 화가 나, 위 H에게 “미친새끼, 병신새끼, 짭새 새끼들 내 세금으로 밥먹고 사는 주제에”라고 큰소리로 욕설을 하면서, 손으로 위 H의 가슴과 팔을 밀치고, 오른쪽 무릎으로 배를 걷어차는 등 폭행하였다.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Each statement of E and F;
1. Application of Visualis statutes;
1. Relevant Articles 260(1) and 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
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 favorable circumstances specified in the grounds for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the basic area of the first category of the obstruction of performance of official duties (the obstruction of performance of official duties/performance of duties) (the period between six months of imprisonment and one year and four months) (the basic area of the assault crime against victims E (general assault).