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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
1. Around April 30, 2016, the Defendant, on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed a breathal theory that, while drunkly moving into a F taxi operated by the victim E at the front of the D cafeteria located in Busan Metropolitan City, he was under the influence of alcohol to a tent apartment that is a destination, and was under the influence of alcohol, she sprinked the victim’s breath of the breathal.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
2. At around 00:40 on May 1, 2016, the Defendant: (a) received a request from the police officer I to make a statement concerning the circumstances of the assault under paragraph (1) on the front of the police box located in Yangsan-si, Yangsan-si.
The Defendant, who heard all the statements of the Defendant and the taxi driver, heard the explanation on the instant case from the said I, was in the influence of alcohol, who was required to return home, and was in the influence of alcohol, and was at the same time in the patrol lane of the pums. Chewing gueste, I expressed the desire to “I am flag,” and ambling I’s flag.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.
Summary of Evidence
1. The Defendant’s partial statement in the court - The Defendant denies the facts charged of this case - However, the Defendant may be fully convicted of the facts charged in light of the witness I and E’s belief, which corresponds to the facts charged, and according to the evidence indicated in the testimony and records.
1. A witness I and E's legal statement;
1. Application of the Acts and subordinate statutes (No. 2,6,10) of each photograph;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 136 (1) of the Criminal Act concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The suspended execution takes into account the repetition of the crimes of the same kind under Article 62(1) of the Criminal Act and the risk of recidivism.