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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
1. On September 27, 2016, around 07:28, the Defendant suffered injury by the victim D(51) prior to the Switzerland-si apartment site, where the victim D(51) was under the influence of alcohol, making it difficult for him/her to take a drinking time, thereby damaging the victim’s face by making it difficult for him/her to take part of the victim’s face, and by taking part of the side gul and buckbucks, the Defendant inflicted injury on the victim, such as the damage of head and other parts that require treatment for about two weeks, by taking part of the side gul and bucks.
2. Around September 27, 2016, the Defendant interfered with the performance of official duties, at the place indicated in paragraph (1) of the above paragraph, “one male is waiting for another male” was prevented from preventing the Defendant from getting off the said D, by having received a report from 112, the police officer belonging to the Gangwon-do Police Station E District, Gangwon-gu, Seoul from having called up at the site. The Defendant asked the personal information of the Defendant, thereby asking the Defendant for the said F’s hand by hand, and then assaulted the F’s chest by two hand.
Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to the photograph and diagnosis of the case
1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Articles 257(1) and 136(1) (a) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment, respectively;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of sentencing recommended according to the sentencing criteria;
(a) Basic crimes (finites of violence) [Scope of recommended punishment] general injury, the basic area (from April to January 1) (no special sentencing person exists) of category 1 (general injury)
(b) Concurrent crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] : Where the extent of violence, intimidation, and deceptive schemes is minor in the mitigation area (one month to eight months).
(c)endend by aggravating multiple offenses.