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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2019. 3. 6. 13:00경 울산 북구 B에 있는 주차장에서 ‘동생이 전화해서 죽고 싶다고 한다, 찾아봐 달라’는 112신고를 받고 출동한 울산중부경찰서 C파출소 소속 경찰관인 피해자 D(51세)과 피해자 E(26세)으로부터 “A씨세요 ”라는 말을 듣자, 갑자기 주먹을 피해자 E을 향해 휘두르고, 발로 피해자 E의 가슴과 배 부위를 수회 찬 다음 주먹으로 위 폭행을 제지하려는 피해자 D의 얼굴을 수회 때리고, 발로 피해자 D의 다리를 수회 걷어찼다.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of 112 reported cases, and at the same time, the Defendant inflicted injury on the victim D such as knee, knee, and tensions and tensions in the part of which need to be treated for three weeks, and inflicted injury on the victim E, such as the 1 balance of the right side, which requires approximately two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. Each report on investigation;
1. A written reply to a request for cooperation in investigation and a medical certificate;
1. Application of Acts and subordinate statutes of the 112 Reporting Case Handling List;
1. Article 257 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment between the crimes of bodily injury and the crimes of obstruction of performance of official duties, and the punishment imposed on the crimes of serious bodily injury);
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;
1. For the reason of sentencing under Article 62-2 of the Criminal Act, the violence of the defendant revealed in the Criminal Code and the appearance of the defendant is reasonable, and the defendant is called to the scene after receiving 112 report that he/she intends to commit suicide and lawful execution of his/her duties.