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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around August 30, 2017, the Defendant: (a) around 21:40 on August 30, 2017, at D main points located in South-Namnam-gun C, for the reason that the injured party took a bath from the Defendant while drinking the Defendant’s female-friendly victim E (n, 46 years of age) and drinking, the Defendant expressed a beer’s disease, which is a dangerous thing on the customer’s face; (b) and (c) expressed his behavior that the injured party would be at the risk on the customer’s face; and (d) threatened the victim.
2. The Defendant interfered with the performance of official duties at the time, place, and on the grounds stated in paragraph (1) above, and on the same grounds as stated in paragraph (1) above, took a bath to be removed from the police officer G belonging to the National Police Station F District of the South Sea Police Station, and she saw him/her to bleep, blick the flaps of the above G, and blick his/her head into his/her hand, and committed violence against the above police officer, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of reporting duties.
Summary of Evidence
1. Each police statement protocol with respect to E and G;
1. Application of video Acts and subordinate statutes;
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act (special assault), Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed by a crime of interfering with the execution of public duties in holding heavier punishment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. Application of the sentencing criteria;
(a) Category 1 - the sentence of recommendations for special intimidation: from April to one year (the area of mitigation): Not to be punished;
(b) 2nd offence - The sentence of recommending interference with the performance of official duties: one month to eight months (the area of mitigation): No penalty shall be imposed.
(c) Many offenses: April to April; and
2. The above sentencing factors and the defendant committed violence and 11 times prior to violence, and among which they had been punished twice as a result of obstructing the performance of official duties, the defendant's age, sex, environment, circumstances of this case, means and results, etc., and the arguments in this case, such as the circumstances after the crime.