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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 26, 2008, the Defendant issued a summary order of two million won for the crime of assault, etc. at the Seoul Eastern District Court on December 26, 2008. The records of the same crime are 14 times in total.
Criminal facts
1. On June 14, 2013, around 03:00, the Defendant continued to flat the victim, who is a taxi engineer, and flat in the front of the Daegu 7 Public Security Center located in Gangseo-gu, Gangseo-gu, Seoul, Gangseo-gu, Gangseo-gu, Seoul, as a matter of taxi rate, and the victim was not required to do so. Despite the fact that the flat is the match, the Defendant flat continued to flat the victim, and flatd the flat of the victim by hand.
Accordingly, the defendant habitually assaulted the victim.
2. At around 04:55 on June 14, 2013, the Defendant: (a) demanded D, a medical police officer belonging to the Seoul Gangseo-gu Seoul Metropolitan Government Police Station, which was at night security service, to lend a cigarette in front of the Seocho-gu Seoul Gangseo-gu Seoul Metropolitan Government Police Station, and (b) demanded D to continue to lend a cigarette in spite of his refusal; (c) he was able to have the cigarette cut back from D while he was able to have the cigarette cut down; and (d) he was able to have the cigarette cut down once by hand, and interfered with police officers’ legitimate performance of duties concerning the night security service.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Each police statement of C or D;
1. Photographs of the victim's boom;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, and the same kind of crimes committed several times in the judgment;
1. Article 2 (1) 1 of the Punishment of Violences, etc. Act and Articles 260 (1) and 136 (1) of the Criminal Act concerning the crime;
1. Selection of imprisonment with prison labor for the crime of obstruction of performance of official duties
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the former part of Article 38, Article 38 (1) 2 of the Criminal Act [the former part of the Criminal Act (the crime of habitual assault)] shall be applied