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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 23:00 on February 24, 2014, the Defendant: (a) boarded and arrived at a taxi driven by the victim C (the age of 60) in front of the exit 10, the Gangnam-gu Seoul Seocho-gu, Seocho-gu, Seocho-gu, Seoul; and (b) committed assault against the victim requesting a change in the taxi fee, such as killing his ebbbbage, skeing his body in hand, etc.
2. When police officers E belonging to the Seoul Gangnam Police Station D District D District District, who were dispatched after receiving 112 reports at the time and place mentioned in paragraph (1), asked the defendant about the circumstances of the case, the Defendant spits off several times on the face of E while taking a bath.
On the other hand, the Defendant committed assault against F by the police officer of the same district unit who arrested himself as a flagrant offender under the above suspicion, such as facing his body.
Accordingly, the defendant interfered with the police officer's prevention and investigation of crimes, and legitimate execution of duties concerning the arrest of flagrant offenders.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and C;
1. A written statement;
1. Application of Acts and subordinate statutes on a taxi charge receipt;
1. Articles 136 (1) and 260 (1) of the Criminal Act applicable to the facts constituting an offense;
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. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service and lecture attendance order;
1. In the case of the crimes of obstruction of performance of official duties, six months to one year and four months as the basic area of category 1 in the case of the crimes of obstruction of performance of official duties, and six months to one year and nine months as the basic area of category 1 in the case of the crimes of assault; and
2. Although the Defendant had already committed the instant crime under the influence of alcohol once again, he committed the instant crime under the influence of alcohol by assaulting a taxi engineer and breathing and assaulting a police officer, in consideration of his mistake, the Defendant’s tendency, previous case and so on, the Defendant selected the Defendant to be sentenced to imprisonment, and did not focus on the degree of the Defendant’s act.