Text
A defendant shall be punished by imprisonment for one year.
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
The defendant around 00:05 on May 3, 2017, at the bus stops in front of the D Emergency Medical Center in the Namdong-gu Incheon Metropolitan City, "the drinking person is enjoying on the road before the Cancer Center.
Demar F, a police officer belonging to the Incheon Southern East Police Station E District Police Station, who was dispatched after receiving a report of 112 of the content of “F,” would incur Nonson.
”라고 묻자 아무런 이유 없이 “ 야 이 씹할 경찰 놈 아 내가 오늘 대한민국 경찰 놈들 귓 방망이 한 대 씩 후려치고 싶다.
‘New,’ continuously from F, “New, what he or she would not have, and what is, his or her will.”
” 라는 말을 듣자 “ 야 이 씹할 놈 아 오늘 너 경찰 놈 귓 방망이 한 대 맞아야 겠다. ”라고 말하면서 위 F의 좌측 얼굴 부위를 오른손으로 1회 때려 폭행하여 경찰공무원의 정당한 112 신고 사건 처리 직무를 방해하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. A report on investigation;
1. Application of Acts and subordinate statutes to photographs of victims;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment] the basic area [the scope of the recommended punishment] shall be six months to one year and six months; and
2. Whether to suspend the execution [main reasons] - Unfavorable criminal records of the same kind (not more than five years, not more than a period of suspension of the execution, or not less than three times) - positive: distinct social ties clearly, serious reflects, and the detention of the defendant is accompanied by excessive difficulties for the family members.
3. The defendant who was sentenced to a suspended sentence on June 27, 2014, was sentenced to a two-year period of imprisonment for the same criminal records and for whom the period of the suspended sentence expires.