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A defendant shall be punished by imprisonment for not less than eight months.
However, 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
1. On July 29, 2019, the Defendant: (a) around 00:40 on July 29, 2019, the Defendant: (b) 1:65, 1:65, 1:30, 201, 1:00, 200, 200, 200, 200, 2000, 2000, 2000, 2000, 2000,000,0000,000,000,000,0000,000,000,000,
2. 공무집행방해 피고인은 제1항 기재일 00:44경 같은 장소에서 112 신고를 받고 현장 출동한 익산경찰서 E지구대 소속 순경 F으로부터 제지를 당하자 위 F을 향해 “뭘 봐 씨발놈아, 경찰이 뭔디”라고 욕설을 하며 수차례 주먹을 휘두르고, 계속하여 함께 출동한 경위 G에게 “맘대로 해라 이 씨발놈아, 내가 전과 13범이다”라고 욕설을 하며 오른 주먹으로 위 G의 얼굴을 1회 때려 112 신고업무를 처리하는 경찰공무원의 정당한 공무집행을 방해하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F, G, and B;
1. Application of Acts and subordinate statutes to photographs of damage and investigative reports (a estimate to damage to property);
1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment for the crimes of obstruction of official duties against G with heavy punishment);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is subject to a single sentence of punishment due to an act of violence, the exercise of a second violence and the assault of a police officer who is performing legitimate duties is not very good and there is no room for justification.