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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2013. 12. 26. 21:27경 경기 양평군 C에 있는 피고인의 집에서 동거녀인 D와 다투는 과정에서 화가 나 주먹으로 D를 때리고 안방 유리문을 깨뜨리는 등 행패를 부려 112 신고를 받고 출동한 양평경찰서 E파출소 소속 경위 F, 경장인 피해자 G(남, 43세)가 현장에 도착한 다음, D로부터 신고 내용을 청취하자 “니들이 뭐 하러 여기에 들어왔느냐, 당장 나가라, 너네 같은 새끼들 필요 없으니까 나가라“라고 고함을 치면서 양손으로 위 G의 멱살을 잡아 흔들고, 발로 위 G의 정강이 부위를 걷어찼다.
The Defendant continued to use a kitchen knife (21cc in the blade length, 33cc in the total length) for the kitchen in the kitchen at the kitchen, followed by an industrial insertion (28cc in the length of the inserted day, 1m in the total length) outside of the entrance, flife the above G, and displayed the above G several times to the end.
As a result, the Defendant carried a kitchen, which is a dangerous object, interfered with the legitimate execution of duties by police officers concerning the public peace and the maintenance of order, etc., and thereby, the Defendant suffered injury to the victim G, who is a police officer, such as the sloping damage of the bridge that requires approximately three weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G and D;
1. Records of seizure and the list of seizure;
1. Investigation reports (case of field situations), investigation reports (Attachment, etc. to the 112 Report Processing Records), 112 Report Processing Records 1, 2 of 112 Report Processing Records, 112 Report Processing Records, 3 of Investigation Reports (Hearing of Victim G Statements);
1. A medical certificate;
1. Application of statutes on field photographs;
1. The main sentence of Article 144 (2) and Article 144 (1) and Article 136 of the Criminal Act concerning the facts constituting the crime;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);
1. The suspended sentence becomes more favorable to the defendant among the reasons for sentencing under Article 62(1) of the Criminal Act.