Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Reasons
Punishment of the crime
1. On September 25, 2013, the Defendant violated the Punishment of Violence, etc. Act (collective intimidation) was under the influence of alcohol at the Defendant’s house located in the 1st floor in Gwanak-gu in Seoul Special Metropolitan City on September 22 and 35, 2013, and was under the influence of alcohol from the victim D (the age of 62) who is male-born, thereby hearing the phrase “influence of the disturbance”, “influence of the disturbance” from the victim D (the age of 62) who was a male-born, the Defendant was under the influence of alcohol, followed the kitchen knife (total length, 33 cm length, 20 cm, No. 1) which is a dangerous thing in the kitchen, and threatened the victim.
2. 공무집행방해 피고인은 전항과 같은 일시, 장소에서 피고인의 전항과 같은 행위로 인해 112신고를 받아 정복을 입고 출동한 서울 관악경찰서 E파출소 소속 경위 F 등에 의해 잡고 있던 부엌칼을 빼앗기게 되자 양손으로 F의 가슴 부위를 세게 밀치고, 옆에 있던 경사 G으로부터 이를 제지당하게 되자 다시 양손으로 G의 가슴 부위 등을 세게 밀치고, 발로 G의 정강이 부위를 걷어찼다.
Accordingly, the Defendant assaulted F and G, a police officer who performs duties related to the prevention, suppression, investigation, etc. of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. Police seizure records;
1. Application of each statute on photographs;
1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Article 136 (1) of the Criminal Act concerning a crime;
1. Articles 40 and 50 (Mutual Crimes of Obstruction of Performance of Official Duties at the Time of Sales) of the Criminal Act and the choice of imprisonment, both of them;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the extent that the punishment is aggregated with the punishment prescribed for a violation of the Punishment of Violences, etc. Act with a heavier penalty];
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62(1) of the Criminal Act: