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A defendant shall be punished by imprisonment for not more than ten months.
However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around 23:45 on October 3, 2018, the Defendant committed an assault to catch Nonindicted Party D’s head debt, the owner of the foregoing drinking house, at the “C” drinking house located in B, Jeonnam-do.
At the same place of 23:58 on the same day, the Defendant, at the same time and at the same place of 23:58 on the same day, extracted trees from the following chemical parts, and assaulted a part of the Babbbbbbbb, which was dispatched by the head of the Ydo Police Station E District, by asking the personal information of the F, “I will see whether the width rank is changed, the head of the wrop head head, and the police of the Republic of Korea will be able to see her inside and outside the wrop.”
On October 4, 2018, at around 00:45, the Defendant, who was arrested in the act of committing an act of obstruction of performance of official duties and moved patroled to the E area as above, expressed that he was able to say, “The name of the franch fesp will be known to the fesp,” and assaulted the chest part of the said G on a hand by walking back the chest part of the said G on the back of the patrol fesp.
As such, the Defendant interfered with the legitimate execution of official duties concerning the handling of reports and the maintenance of order by police officers.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of H, F, and G;
1. Each report on investigation;
1. Application of Acts and subordinate statutes to photographs of damaged parts and pictures of pots;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Application of the sentencing criteria;
(a) Basic area of crimes Nos. 1 and 2 (Scope of Recommendation) : Imprisonment with prison labor for 6 months to 1 year and 6 months (no person specially punished);
(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for up to six months from two years to three months;
2. The defendant who has been sentenced to punishment repeatedly commits violence against the police officials performing legitimate duties.