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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 13, 2016, the Defendant was at the front of the Busan Southern-gu BGlle, Busan-gu, BGlle, with a great amount of audio thorium in his own vehicle, and was in music with a report of 112 by neighboring residents, and was placed at the control of the police officer D belonging to the Busan Southern-gu, Busan-gu, Police Station C District Unit of the Police Station, who was called for, “I reported.”
“In the process of doing so, the author of the iron, which is a dangerous object in the vicinity of the foregoing D, and faced with the victim E (65 years old) who is a neighboring resident in the vicinity of the above D, and caused the above E to leave the left side of the treatment days to the above E in line with the left side of the above D and the above E.
Accordingly, the Defendant carried dangerous articles as above and interfered with the legitimate execution of duties in relation to the handling of reported cases by the police officers, and at the same time injured the above E.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to E and D;
1. Application of Acts and subordinate statutes to investigation reports, investigation reports (to file agreements on victims E and medical records, etc.);
1. Articles 258-2 (1), 257 (1) (a) and 144 (1) and 136 (1) of the Criminal Act concerning the crime (a point of special injury) of the relevant Article of the Criminal Act, and Articles 136 (1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The crime of this case on the ground of sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity Reduction and Punishment is an act that causes noise at the night, and rather, the crime of this case is an act that uses violence by using dangerous articles to police officers and damaged residents dispatched after receiving the report, and taking into account that there is a risk of causing serious injury, the crime is not considerably good, the victim seems to have suffered inconvenience due to the defendant's act for a considerable period, and the defendant has a same criminal record and several times.
However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and the degree of injury of the victim is not very serious.