Text
A defendant shall be punished by imprisonment for not more than ten 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 October 1, 2017, the Defendant: (a) the victim E (59 years old) was waiting for a taxi in front of the singing room located in Kuri-si, on October 23:20, 2017; (b) the Defendant was taking the taxi first with the so-called “new taxi.”
The misunderstanding and shooting of the victim made the victim from the taxi, and then pushed the balp of the victim into the balp, pushed the balp of the balp, cut the balp of the victim from the balp, cut the balp of the balp, cut the side of the victim once, and cut the falp of the face, which requires treatment for about 35 days to the victim.
2. On October 2, 2017, the Defendant obstructed the performance of official duties, on the front day of the “G cafeteria” located in the Guri-si F on October 2, 2017, for the reason that the police officer I belonging to the Gyeonggi-gu Police Station H police station, who was called out after receiving a report that there was the above assault case, did not enter his speech while listening to the circumstances of the case from the above E, and took part of the said I as his hand at one time.
Accordingly, the defendant assaulted police officers who perform official duties and interfered with legitimate execution of duties.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Each police statement made to I and E;
1. E statements;
1. Photographs, data, and written diagnosis of injury;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);
1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;
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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);
1. The defendant and his defense counsel's assertion on the protection and observation of the crime of the Social Service Order and the assertion of the defendant and his defense counsel under Article 62-2 of the Criminal Act. While the defendant had flabbbling and flabling the victim and his cab on the ground of their own flab, the defendant did not have any flabing of the victim's face by reducing the flabing of the victim.