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A defendant shall be punished by imprisonment for four 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
The defendant is a foreigner of Chinese nationality and is a company member.
On July 23, 2016, at around 05:30 on July 23, 2016, the Defendant was arrested as a flagrant offender G, who was dispatched to the site after receiving a report from 112 from 'Eoman' operated by D, located in the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu C2, and was arrested as a flagrant offender to B.
At around 05:50 on the same day, the Defendant got off the part of the victim B (the age of 26) of the police officer as his head after getting out of the patrol vehicle and getting out of the patrol vehicle at the top of the F District in the Bupyeong-gu Incheon Metropolitan City.
As a result, the defendant interfered with the legitimate execution of duties concerning the arrest of a flagrant offender, and at the same time, the defendant inflicted an injury on the right side of the victim, which requires treatment for about one week.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning B and D;
1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation (CCTV image investigation), a report on investigation (investigation into the piracy by a victim police officer), and a report on investigation (investigation into Possession of a suspect card);
1. Relevant Article 257 of the Criminal Act, the choice of punishment for the crime, Article 257 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of recommending the sentencing criteria;
(a) Where a minor injury (including serious efforts to recover damage), a penalty not, or a considerable part of damage has been recovered in the area of special mitigation (one month to one year), within the category of general injury (in the case of general injury) (one month to one year), within the area of special mitigation (in the case of special mitigation), within the scope of one crime (in the case of crimes), or where considerable damage has been recovered;
(b) Type 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) for the obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties) for the mitigation area (1 to 8 months) for the obstruction of performance of official duties (special mitigation person), non-compliance with punishment (1 type, where serious injury has occurred);
2. The scope of the final sentence due to the aggravation of multiple crimes: the sentencing range from January to April and the recommended sentencing range: January to April. 1 to April.