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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. 공무집행방해 및 폭행 피고인은 2013. 7. 6. 04:30경 서울 성동구 C에 있는 성동경찰서 D지구대에서, 택시기사에게 요금을 지불하지 않고 난동을 부린 사실로 인해 현행범 체포되어 조사를 받던 중, 위 지구대에 근무하는 경찰관 E(32세) 및 경찰대 소속 교육생 F(21세)에게 큰 소리로 욕설을 하며 밖으로 나가려고 하였고, 이를 제지하는 피해자 F의 멱살을 잡아 흔들고, 경찰관 E(32세)의 허벅지를 발로 걷어찼다.
Accordingly, the defendant assaulted the victim F, and interfered with the legitimate execution of duties in criminal investigation E by police officers.
2. On July 6, 2013, around 06:45, the Defendant attempted to commit fire to the present main building and fire at the Seoul Sungdong Police Station in Seongdong-gu Seoul and the Criminal Party Team office, and attempted to set fire to the office where six police officers are present by attaching a fire to the part of the police officer’s reception of guards, etc. using a one-time tool for causing damage to police officers’ surveillance. However, the Defendant attempted to commit fire to the police officer who is in charge of smelling upon being burned.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to G and E;
1. Investigation reports and investigation reports (related to suspect behavior);
1. Application of the Acts and subordinate statutes to photograph by capturing each photograph and video;
1. Relevant Articles 260(1) and 260(1) of the Criminal Act (the point of violence, the choice of imprisonment), 136(1) of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), and 174 and 164(1) of the Criminal Act concerning the crime (the point of attempted fire-prevention of the present main structure and the choice of limited imprisonment);
1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of each crime) among concurrent crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Suspension of execution;