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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A defendant who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.);
3. At around 22:00, the victim's face was taken twice as a drink from the back seat of the driver's seat to the front seat without any justifiable reason while boarding a taxi operated by the victim C in front of the police box located in Busan Jin-gu, Busan.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
2. On March 17, 2014, at around 22:10, the Defendant: (a) received reports from C’s 112 on the street in front of the e elementary school located in Busan Jin-gu, Busan; and (b) went beyond the ground floor to arrest the Defendant as a flagrant offender; (c) opened the F’s face on one occasion in the patrol vehicle; and (d) obstructed F’s lawful performance of duties concerning the arrest of a police officer by taking the Defendant’s back the front head on one occasion while on board the patrol vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to C and F
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Class 1 (Crime of Violence) (Scope of Recommendation) - The basic area (2 to 10 months) (2 to 10 months) of the Act on the Punishment of Violence - the case where the degree of violence is insignificant (1, 6 and 7) / The case where the driver of a motor vehicle in operation commits the act of violence (1 type);
2. Second Crimes (Obstruction of Performance of Official Duties) - Types 1 (Obstruction of Performance of Official Duties) of the Act on the Performance of Official Duties, and the mitigated area (1 to 8 months) (special mitigations) - Where the degree of assault is minor, multiple crimes.