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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
[criminal power] On March 11, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the third-class general military court of the Army, and was released on August 30, 2013 during the execution of the sentence, and the parole period passed on September 10, 2013.
【Criminal Facts】
Around 02:00 on June 14, 2014, the Defendant, while drunkly breadd on the frontway in Changwon-si, C, was fluored by a police officer slopeF belonging to the Changwon-gu Police Station E-districted by receiving a report, and fluored by the police officer, etc. of the Changwon-gu Police Station E-districted by the Defendant, and assaulted F, such as “I am, I am flue, I am fluor, and I am under pressure.”
Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public peace and order.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Statement of the police statement concerning F;
1. Previous convictions: Application of criminal records and investigation reports (final date of release and report on confirmation of the prison for release) Acts and subordinate statutes;
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. The act of assaulting a police officer dispatched after receiving a report of the reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is a serious criminal that denies the rule of law, and the defendant committed the instant crime even though he had the criminal record of six months sentenced to imprisonment due to injury, etc., and the instant crime constitutes a repeated offense, considering that the defendant agreed with the victim, it is inevitable to choose a sentence for the defendant, even if considering that he reached an agreement with the victim.
In addition, considering all the factors such as the criminal records of the defendant and the circumstances leading to the crime of this case, the sentence against the defendant shall be determined as per the order.