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A defendant shall be punished by imprisonment for not less than eight 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 February 15, 2018, the Defendant: (a) around 23:30 on the Yangju-si floor C1; (b) took care of the head of the victim D (28 tax) by hand without any justifiable reason; (c) taken care of the victim E (28 tax) and kidding the victim’s disease, which is an object dangerous to the victims; and (d) threatened with fire extinguishers, which is a dangerous object.
Accordingly, the defendant carried dangerous articles and assaulted victims.
2. On February 15, 2018, at the same place as the above paragraph 1, around 23:35 on February 15, 2018, the Defendant obstructed the performance of official duties, and at the same time, at the police station F police boxes, who were sent to the scene after having received a report 112, G police boxes belonging to the Gyeonggi-gu Police Station F boxes, which are the police officers, in compliance with the foregoing paragraph 1, refers to the
"To say, I assaulted the left part of the G at one time with his own drinking.
Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D, E, and G;
1. Application of Acts and subordinate statutes governing the report of investigation (in-house investigation and CCTV confirmation), investigation report (in cases of images submitted by a victim), and 112 reported cases;
1. Relevant Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Article 136(1) (a) of the Criminal Act, the choice of imprisonment with prison labor for a 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 suspended execution;
1. The crime of this case, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, is so-called “fluoring assault” with dangerous objects while possessing them, and the police officer who restrains the crime is not likely to interfere with the performance of official duties, and there are criminal records against the defendant.
However, the punishment shall be determined in consideration of the fact that the victim D and E of the special assault, the violation of the crime of this case, and the previous convictions of the same kind, even though they have been punished once.