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A defendant shall be punished by imprisonment with prison labor for up to 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. On July 18, 2019, at around 22:20, the Defendant: (a) drunked the victim D(45 years of age) who was under the influence of alcohol in front C in Ulsan-gu, Ulsan-gu; (b) obstructed the victim’s face and part of the neck; and (c) sprinked the victim’s face and part of the neck for about 14 days in drinking; and (d) continuously sprinked the victim E (30 years of age)’s face and part of the body for about 14 days in drinking; and (e) continuously sprinked the victim E (30 years of age) who was under the control of the Defendant.
2. The Defendant assaulted the Defendant at the above date, time, and place of obstruction of performance of official duties, on the ground that the police officer, who was a police officer belonging to the Ulsannam Police Station F District Unit of the Ulsannam Police Station, arrested the Defendant as an flagrant offender and moved the Defendant to the police vehicle, thereby obstructing the police officer’s legitimate execution of duties concerning the mobilization of the police officer.
Summary of Evidence
1. Defendant's legal statement;
1. Each police protocol of statement about D, E, and G;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D, E);
1. Relevant Article 257(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;
1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Crimes No. 1 (Determination of Punishment) (Bodily Injury) (No. 1) general injury [No. 1] general injury (a. Scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, imprisonment with prison labor from April to June;
(b) Class 2 crime (influence of types) (influence of types) violence crime: general injury [Class 1] general injury [no person who is a special person] and recommendation range.