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A defendant shall be punished by imprisonment with prison labor for up to 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 January 5, 2018, the Defendant tried to take a victim C (son, 65 years old) in front of his/her own city in order to drive the D taxi.
When the injured party refuses the defendant's boarding, the defendant opened a front door and saw "I see this view and see why I see it", and the injured party saw the victim's face seven times by drinking from the vehicle to close the front door, and assaulted the victim's bridge four times by walking the victim's bridge.
2. The Defendant interfered with the performance of official duties is a taxi engineer and passenger in the time and place specified in paragraph 1.
” 라는 취지의 112 신고를 받고 출동한 의정부 경찰서 E 지구대 소속 경장 F가 피고인의 말을 들어주지 않는다는 이유로 F의 목 부위를 주먹으로 1회 가격하고, 발로 정강이를 1회 걷어찼다.
Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention and suppression of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and C;
1. G statements;
1. Application of Acts and subordinate statutes to photographs damaged;
1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the 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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;
1. One month to seven years from imprisonment with prison labor within the applicable range of punishment by law; and
2. Scope of the recommended sentences according to the sentencing criteria;
(a) Interference with the performance of official duties [the types of decisions] shall interfere with the performance of official duties, which shall be in the basic area [the scope of punishment recommended] [the scope of punishment] from six months to one year and six months;
(b) Type 1 (Determination of Type) (Determination of Place of Recommendation) (Determination of Place of Violence), the basic area of the crime of assault [Determination of Type] (Determination of Place of Recommendation] (Scope of Recommendation), two months to ten months.
C. The scope of the recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for up to six months.