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A defendant shall be punished by imprisonment for not less than eight 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
1. On April 20, 2016, the Defendant: (a) at D main points located in North-gu, Northern-si C at the port on April 20, 2016, the Defendant was asked to pay the drinking value from the victim E (here, 36 years old); (b) was asked to refuse to pay the card due to a shortage in the balance; (c) the Defendant expressed the victim’s desire; (d) went out of the victim’s hand by putting the victim’s hand, and was engaged in any act that may cause harm to the victim’s life or body, which is a dangerous thing, as the victim was displayed on the victim.
Accordingly, the defendant carried dangerous objects and threatened the victim.
2. 공무집행 방해 피고인은 2016. 4. 20. 02:20 경 위 제 1 항 기재 D 주점 앞에서, 위와 같이 소란을 피우던 중 112 신고를 받고 현장에 출동한 포항 북부 경찰서 F 파출소 소속 경찰 관인 순경 G로부터 사건 경위에 관하여 질문을 받던 중 위 순경 G에게 “ 뭘 봐, 이 짭새 새끼야, 죽여 버린다 ”라고 욕설을 하며 주먹으로 G의 목 부위를 1회 때리고 멱살을 잡고 흔드는 등으로 폭행하였다.
Accordingly, the defendant interfered with legitimate execution of duties by police officers on the control of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police in relation to victims E and G;
1. Application of each statute on photographs;
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment for a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;
1. Special sentencing factors - No interference with the performance of official duties - No special intimidation: Insomic factors;
1. Scope of recommendations - Suspension of the performance of official duties: Imprisonment with prison labor for six months to one year and four months (basic area): Special intimidation; April.