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A defendant shall be punished by imprisonment for six 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
On September 24, 2013, at around 06:22, the Defendant brought a bath to many unspecified people, who were seated in front of a mutual convenience point of “C” in Pyeongtaek-si B, and were taking a bath.
피고인은 위와 같은 이유로 112신고를 받고 출동한 평택경찰서 D파출소 소속 경사 E로부터 "술을 많이 드셨으니까, 집에 돌아가세요"라는 말을 듣자 이에 화가 나 "십새끼야. 똥꼬나 빨아라"라고 욕설을 하면서 위 편의점 앞에 놓여있던 플라스틱 의자를 집어 들어 위 E를 향하여 휘두르고, 계속하여 피의자를 제지하던 평택경찰서 D파출소 소속 순경 F를 향하여 주먹을 휘두르고, 계속하여 피고인은 현행범으로 체포되어 D파출소에서 대기하던 중 갑자기 위 F의 멱살을 잡는 등으로 폭행하였다.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to F and E;
1. Application of statutes on site photographs;
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act [Scope of Recommendation], obstruction of performance of official duties (type 1), basic area, imprisonment with prison labor for six months to one year and four months (type 1), imprisonment with prison labor for six months, suspension of execution for two years and one year and four months). The nature of the crime is not good in light of the contents of the crime. However, the defendant's mistake is not good in depth and should not be re-offending. The victim police officer E desires to take advantage of the defendant's preference, and other various circumstances shown in the records such as the defendant's age, character and behavior, family environment.