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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2017. 8. 6. 23:50 경 고양 시 일산 서구 C에 있는 D 앞에서 ‘ 행인이 지나가는 차를 친다’ 는 취지의 112 신고를 받고 현장에 출동한 일산 서부 경찰서 E 지구대 소속 경장 F, 순경 G이 피고인을 폭행의 현행 범인으로 체포하여 순찰차에 태우려고 하자, 경장 F에게 “ 병신 같은 년 아 ”라고 욕설을 하면서 손으로 경장 F( 여, 41세) 의 경찰 외근 조끼를 잡아 뜯고, 발로 경장 F의 손과 발 부위를 걷어차고, 순경 G( 남, 32세) 이 이를 제지하려 하자 순경 G을 향해 “' 병신 같은 놈 아 넌 뭔 데 ”라고 욕설을 하면서 발로 순경 G의 배 부위를 걷어찼다.
Accordingly, the Defendant assaulted the police officer, thereby obstructing the police officer’s legitimate execution of duties concerning the dispatch of report 112 and the arrest of flagrant offenders, and at the same time, inflicted an injury on the police officer F of the victim for a group of chrons that require approximately two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);
1. On the grounds of sentencing under Article 62-2 of the Criminal Act for the protection and observation of the protection and the sentencing of the accused, taking into account the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, sexual conduct, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.
- Unfavorable circumstances: The crime of this case is committed by a police officer who was dispatched upon the defendant's report that the criminal of this case constitutes violence and interferes with the performance of official duties, and the crime is not against the nature of the crime, and the defendant has the record of punishing the same kind of fine.