Text
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
On February 22, 2018, at around 17:07, the Defendant: (a) was asked by the police officer, who belongs to the Incheon Southern Police Station Epins, who was called to the site after receiving a report of 112 by walking along the roads under the influence of alcohol and blocking bus traffic; and (b) was asked by the Defendant to move out of the road from the victim F (31) who is the police officer of the Incheon Southern Police Station Epis, who was called to the site after receiving a report of 112 on the street; (c) “I am this dog, the Incheon head of the Gu Office, the head of the Incheon, the head of the Gu, and the head of the Sinvers, the Defendant carried out the buck of other police officers belonging to the said box on his hand, and carried out one time the victim’s right buckbuck because of the defect that the victim attempted to restrain.
As a result, the Defendant interfered with the legitimate execution of duties regarding the prevention, suppression and investigation of the victim's crime, and at the same time, inflicted injury on the victim, such as other attached parts and rupture damage that require approximately two weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. G statements;
1. A medical certificate;
1. Application of the Acts and subordinate statutes on video CDs, such as documentary evidence and photographs, influence of injury;
1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] The basic area (from April to one year and six months) (special mitigation (special mitigation)] / In the case of interference with the performance of official duties (the decision of sentence) / In the case of obstruction of the defendant's previous convictions and the defendant's execution of official duties (the decision of sentence) / The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] general injury (the scope of general injury)
However, in consideration of the fact that the defendant is against the defendant and deposited KRW 2 million for the damaged police officers, the same kind of criminal records is a crime before about about 10 years, contingent crimes, and the degree of injury is not severe, the defendant will be placed at once.