Text
A defendant shall be punished by imprisonment for six months.
except that 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
1. On October 20, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) assaulted a driver of a vehicle running in the E zone located in Daegu Northern-gu, while taking the victim’s bath while moving to the E zone from around 02:50 on October 20, 2013.
2. On October 20, 2013, around 03:10 on October 20, 2013, the injured Defendant tried to return home without paying the taxi fee in front of the F apartment in Daegu Northern-gu, Daegu, and inflicted injury on the victim’s face at one time by drinking on the ground that the victim B was different from the taxi fee and the Defendant’s blick, and caused the victim’s face to undergo approximately two weeks of treatment.
3. 공무집행방해 피고인은 2013. 10. 20. 03:30경 대구 북구 D에 있는 대구북부경찰서 E지구대 내에서 위 폭행 사건으로 조사를 받던 중, E지구대 소속 경장 G에게 “니 딸 있나. 니 딸도 그 따위가. 이 씹할 놈 맞짱 함 뜰까. 경찰관 씹 새끼들아. 불쌍한 새끼들아”라고 욕설을 하면서 G의 얼굴에 침을 3회 가량 뱉고, 같은 날 04:40경 대구 북구 침산동에 있는 대구북부경찰서 현관 앞에서 발로 위 G의 왼쪽 무릎을 1회 차는 등 폭행하여 경찰관의 정당한 직무집행을 방해하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning B and G;
1. Application of Acts and subordinate statutes to each investigation report (Attachment of a black stuff photograph, Attachment of a photograph on the upper part of the victim's body, and attachment of a certificate of injury);
1. Relevant Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, Articles 5-10 (1) of the Act on the Aggravated Punishment, etc. of the Election of Specific Crimes, Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;