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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Punishment of Violences, etc. Act (joint injury) was committed by the Defendant on March 17, 2018, at around 23:00, at the “E main point” located in D, he was prevented from the Victim F (39 years old), and the Defendant was satisfed by drinking at the victim’s face, and satisfing over the floor by sating satch with the Defendant’s satisf, and satfing alcohol at the said main point.
G and H were combined with this, G was assaulted by the victim’s breath with bomb, etc., and H committed an injury to the victim by assaulting the victim by hand, such as breathing the victim by hand, and committing an injury to the victim, such as a brain spathy, dyeing, etc., without any address in two weeks open for medical treatment.
Accordingly, the defendant, together with G and H, inflicted an injury on the victim.
2. 공무집행 방해 피고인은 2018. 3. 17. 23:00 경 삼척시 I에 있는 J 편의점 부근에서, 위 1. 항 기재와 같이 싸움이 발생하였다는 112 신고를 받고 출동한 삼척 경찰서 K 파출소 소속 경사 L에게 ‘ 야 짭새 새끼야, 공무집행 방해로 집어넣어’ 라는 등 큰 소리로 욕을 하고, 발로 위 L의 정강이를 걷어차는 등 폭행하여 경찰공무원의 범죄의 예방 ㆍ 진압 및 수사에 관한 정당한 직무집행을 방해하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of each police officer in relation to G, F, and H;
1. Statement made by the police against M;
1. Each statement of L;
1. [Investigation Report (Related to Confirmation ofCCTV Image Data) - CCTV image data photograph]
1. 112 Reporting case handling table;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 2 (2) 3 of the Punishment of Violences, etc. Act as to the crime, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the selection of imprisonment for each crime;
1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the period of punishment plus the long-term punishment for two crimes);
1. Article 62(1) of the Criminal Act of the suspended execution (victim F)