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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor on July 28, 2017 by the Suwon Franchisor and was sentenced to a two-year suspended sentence on August 5, 2017, which became final and conclusive on August 5, 2017.
[Criminal facts]
1. On November 13, 2017, around 03:10 on November 13, 2017, the Defendant was under the influence of alcohol in a singing practice room operated by the victim D (43 s) located in Gwanak-gu Seoul Special Metropolitan City, and was demanded to change the drinking value so that he would have been at the end of the business from the injured party, and the Defendant was able to obtain a demand from the injured party to calculate the drinking value.
“In doing so, the victim was suffering from beer’s disease, which is a dangerous object on the table.”
In this respect, the defendant carried dangerous objects and assaulted the victim.
2. 공무집행 방해 피고인은 2017. 11. 13. 04:10 경 위 노래 연습장에서 술에 취한 채 신고를 받고 출동한 관악 경찰서 E 대구 대 소속 경찰 공무원인 경장 F으로부터 신분증 제시를 요구 받자 화가 나, 출동한 경찰관들에게 “ 개새끼들, 경찰 맞아, 씹할 새끼들, 야 이 짭새 새끼야 맞장 떠보자, 병신 새 끼들 지랄하고 있네.
“In doing so, the said F was demoted to the breast part of the said F with a bad hand.”
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reports.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F or D;
1. Receipts, on-site photographs, criminal scene photographs, and CDs;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (crimes during the period of probation), and text of judgment (164 pages of investigation records);
1. Relevant legal provisions of the Criminal Act, Articles 264, 260(1) (a) (a point of special assault) of the Criminal Act, Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment for a crime;
1. The scope of recommendations made on the grounds of sentencing guidelines under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes.