Text
A defendant shall be punished by imprisonment for 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 May 18, 2018, the injured Defendant, while drinking alcohol at the 6th room of the 2nd floor of the singing room located in Busan Seo-gu, Busan, on May 18, 2018, the victim D (n, 44 years old) in a de facto marital relationship with the Defendant and E (n, 44 years old) followed the Defendant’s dispute, which led the Defendant to the number of days of treatment by making the victim’s head by using the ice flobing, which had a defect test.
2. 공무집행 방해, 상해 피고인은 1 항 기재와 같은 일시, 장소에서 112 신고를 받고 출동한 사 하경 찰 서 F 지구대 소속 경 사인 피해자 G(46 세) 이 피고인의 D에 대한 위협적인 행동을 제지하자 욕설을 하며 발로 피해자의 정강이와 허벅지를 걷어찼다.
As a result, the Defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases, and at the same time, the Defendant left the post for about 14 days in need of medical treatment to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made in relation to G or D;
1. Data on investigation reports (investigation, etc. of the on-site conditions) and photographs;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
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 each sentence of imprisonment;
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. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;
1. Scope of sentencing recommended according to the sentencing criteria;
(a) In the case of interference with the performance of official duties in the aggravated area (six months to two years) (special aggravated) of Category 1 (General Bodily Inflicting) (hereinafter referred to as "Special Aggravation") of the general injury in the first crime;
(b) Class 1 (General Bodily Injury) in the mitigated area (from February to one year) (persons with special mitigation) is not subject to punishment.
(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years; and
2. The crime of this case in which a sentence is rendered is de facto marital relation for the defendant.