Text
1. The defendant shall be punished by imprisonment for four 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;
Reasons
Punishment of the crime
On July 23, 2014, around 12:05, the Defendant visited the support system for the living of the residents of the granted Eup office located in 36 at the expense of the Eup granted to Chungcheongnam-gun, Chungcheongnam-gun, and filed complaints with the victim C ( South and 42 years old), who is a public official in charge of basic pensions, inasmuch as the property status of the Defendant was mistakenly registered and thus the Defendant did not receive a basic pension, and on the hand, caused the victim's injury, such as impairment of the character that sees that the victim's left side her treatment is necessary for a week, and at the same time interfere with the legitimate execution of duties of the public official.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to C by the police statement;
1. Each entry in CCTV site photographs and the written diagnosis of injury or the application of video-related Acts and subordinate statutes;
1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
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 obstruction of the performance of official duties (determination of types) / the crime of obstruction of the performance of official duties, the first category of obstruction of the performance of official duties (the scope of recommendation): 6 months to 1 year and April : No special mitigation element exists:
(b) In the area of mitigation of bodily injury (determination of types), violent crime group, general injury Type 1 (in the case of general injury): Imprisonment with prison labor for two months to one year special mitigation factors: In the case of minor injury, special aggravation factors for recovery of considerable damage: In the case of obstruction of performance of official duties;
3. Determination of sentence: Four months of imprisonment; and
4. Whether to suspend the execution: A deposit of the amount equivalent to two years of suspended execution (unjustifiable circumstances) with a public official in charge of civil petition affairs committed against him/her, who has committed any contingent crime, any minor injury, or any crime committed against him/her;