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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 3, 2016, around 21:30, the Defendant: (a) from the main point of “D’s operation of “D” on the first floor underground floor of the building B in Seocheon-si, Seocheon-si, B”, the Defendant collected the chair, which is a dangerous object in that place, while drinking together with drinking, and was collected by the victim, and was in line with the head and elbow of the victim.
Accordingly, the defendant carried dangerous objects and committed violence against the victim.
2. The Defendant damaged property at the above date, at the above location, three infinites and three infinites of the market price owned by the above victim, which were located within the above main points for the said reasons, and damaged them by shouldering them.
3. 공무집행 방해 피고인은 같은 날 21:45 경 폭행 사건이 발생하였다는 취지의 112 신고를 받고 출동한 부천 오정경찰서 E 지구대 소속 경위 F( 남, 46세 )으로부터 특수 폭행 등의 현행범으로 체포되려 하자 이에 반항하면서 머리로 위 F의 왼쪽 얼굴 부분을 1회 들이받고, 이어 그와 함께 현장에 출동한 위 E 지구대 소속 경사 G( 남, 38세) 의 오른쪽 다리 부분을 발로 2회 걷어찼다.
Accordingly, the defendant assaulted the above police officers, thereby hindering the police officers from performing their legitimate duties concerning the handling of reported cases and the arrest of flagrant offenders.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement in each police statement with respect to F and G;
1. Application of the Acts and subordinate statutes written in C and H
1. Articles 261, 260(1) (a) (a point of assault to carry dangerous articles), 366 of the Criminal Act, and Article 136(1) of the Criminal Act concerning facts constituting an offense (a point of obstructing the performance of official duties) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Normal circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: the Defendant is the instant case.