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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around 01:30 on August 16, 2016, the Defendant assaulted the victim by making several parts of the part of the victim’s right shoulder and the part of the part of the part of the victim’s right shoulder due to the 112 report, on the ground that the victim E (year 23) who was the Defendant at issue was at the right time, was at the top of the Goyang-gu, Soyang-gu, Goyangyang-gu, Goyangyang-gu, and the sound that D, who was the Defendant at issue, was 112 report, on the ground that the Defendant reported the 112 report.
2. On August 16, 2016, at the same place as Paragraph 1, around 01:40 on August 16, 2016, the Defendant interfered with performance of official duties and damage to public goods, and at the same time, G, a police officer belonging to the Goyang Police Station F District Group, called the Defendant as a flagrant offender of the crime of assault, arrested the Defendant as a flagrant offender of the crime of assault, and continuously grow up to the police officer, and continuously grow up to the direction of the police officer, and walking back the left side of the patrol vehicle, the Defendant interfered with legitimate performance of duties concerning the arrest of a flagrant offender, and damaged the said patrol vehicle to take up KRW 416,698 at the repair expense.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of E and G;
1. A H statement;
1. Written estimate for patrol;
1. Application of Acts and subordinate statutes to damaged parts and photographs of damaged patrols;
1. Relevant Article 260(1) of the Criminal Act, the choice of punishment for the crime, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and the choice of imprisonment, respectively;
1. From among concurrent crimes, the police officers who properly execute the public authority for the reason of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act shall be subject to strict punishment.
In particular, the defendant has been punished several times for the same crime such as insult of police officers, damage to public goods, obstruction of business, assault, etc. as well as being subject to the suspension of execution of imprisonment due to the crime of obstruction of performance of official duties in around 2015.
The fact that the defendant has led to a crime and paid the automobile repair cost shall be considered in consideration of the favorable circumstances.