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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On October 7, 2017, the Defendant was under the influence of alcohol in front of the “D convenience store” located in Speaker-si C on October 23:40, 2017, and was required to return home from the Ki Government Police Station E, a policeman, who was dispatched to the site after reporting 112, such as lying away on the road.
The Defendant, under the influence of alcohol, was softened as to “Cropty gue,”
짭새끼야 한 번 해보자’ 등의 욕설을 하면서 위 E의 왼쪽 손목을 잡아끌면서 발로 왼쪽 허벅지를 1회 차고, 이를 제지하는 위 F에게 발로 왼쪽 허벅지를 2회 찼다.
Accordingly, the Defendant assaulted the above E/F and interfered with the police officer’s legitimate execution of duties concerning the handling of 112 reports.
Summary of Evidence
1. Statement by the defendant in court;
1. Police statements made to E and F;
1. Application of the relevant Acts and subordinate statutes to photographic data, diagnosis reports, and investigation reports;
1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Crimes that interfere with the execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act are not less than the nature of crimes in that the police officers’ pride and desire to work are seriously harmed and their damage is ultimately returned to the general public. The degree of assault against the public officials of this case is not minor.
However, the punishment shall be determined in consideration of the fact that the defendant is recognized to commit the instant crime and is against the defendant, that the defendant has no record of violence, and that the defendant is detained for two months in prison due to the instant crime and has the time of accommodation.