Text
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On June 25, 2014, at around 13:25, the Defendant: (a) 13:25, on the front way of “D” located in Chungcheongnam-gun, Chungcheongnam-do; (b) the Defendant was under the influence of alcohol from the Victim F (Nam, South, and 43 years old) (a police officer of the police station where the Defendant called out after receiving a report that he was frighting a fright; (c) and (d) the Defendant expressed a large voice, “Is the fright, Is the fright, Is the fright, Is the fright, Is the fright, Is the fright, and shes the fright of the victim; and (d) the fright of the chest, the Defendant frighted the fright of
As a result, the defendant interfered with legitimate execution of duties concerning reporting processing of 112 by the victim who is a police officer, and at the same time, the victim was faced with a scarke wall that requires approximately two weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement made by the police officer in F and G;
1. Application of the statutes described in the opinion;
1. Article 257 (1) of the Criminal Act 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 (Punishment on which the punishment is heavier than that of an injury);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. The scope of applicable sentences: Imprisonment with prison labor for one month to seven years (ordinary concurrence and choice of imprisonment);
2. Sentencing criteria:
(a) Basic area of the crime of bodily injury (determination of types): Violence Crime Group, General Injury Type 1 (Recommendation Scope of General Injury): Imprisonment with prison labor for not less than 4 months but not more than 1 years and June: In cases of minor injury / Special Aggravations: In cases of obstruction of performance of official duties;
B. Basic area of the crime of obstruction of the performance of official duties (determination of types of punishment): the group of crimes of obstruction of the performance of official duties, the first category of crimes of obstruction of the performance of official duties (the scope of recommendations): Imprisonment with prison labor for a period of six months to one year and four months: None of special factors / None of special factors:
3. Determination of sentence: Six months of imprisonment; and
4. Whether to suspend the execution: The conditions which are advantageous to the two years of suspended execution [unjustifiable circumstances] and three times of a fine for violence.