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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2018. 6. 4. 23:50 경 남양주시 D, 2101 동 앞 노상에서 ' 술 취한 사람이 있다' 는 112 신고를 받고 현장에 출동한 남양주 경찰서 E 파출소 소속 경사 F(38 세), 순경 G(24 세) 가 귀가를 도와주겠다면서 양 팔을 부축하자 갑자기 머리로 F의 가슴을 밀치며 발로 차고, F이 이를 제지하자 고개를 숙여 F의 오른쪽 허벅지를 물고, 계속하여 G를 밀어 바닥에 넘어뜨리고 발로 G의 머리를 걷어찼다.
As a result, the Defendant interfered with the legitimate performance of duties by police officers on the protection of the lives and bodies of the people, and at the same time, the victim F was placed in the upper part of the well-being that requires approximately two weeks of medical treatment, and the victim G was placed in a multi-mediate test that requires approximately two weeks of medical treatment.
Summary of Evidence
1. The defendant's partial statement (the defendant and his defense counsel had been physically and mentally in a state of mental health by drinking the defendant at the time of the instant case
However, there is a fact that the defendant was hospitalized intermittently and received treatment for alcohol addiction.
In full view of the evidence, the defendant was in a mental and physical weak condition at the time of the instant case.
Therefore, the above argument is without merit.
1. Statement made by the police with H;
1. A damaged photograph;
1. Each medical certificate (the defendant and his/her defense counsel did not reach the degree of injury to an upper state with which natural healing is naturally possible;
In addition, it is difficult to view the degree of dispute, injury as an action that can be naturally cured without proper treatment, and the above argument is without merit) the application of the law.
1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties) concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to crimes of injury to police officers and interference with the execution of official duties);
1. Selection of each sentence of imprisonment;
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. Suspension of execution;