However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

1. 모욕 피고인은 2014. 6. 28. 06:35경 목포시 B에 있는 C 앞에서, 피고인이 아무런 이유 없이 행인들에게 시비를 걸고 행패를 부린다는 112신고를 받고 현장에 출동한 목포경찰서 D지구대 소속 피해자 순경 E으로부터 인적사항을 질문받자 F 등 행인 약 3명이 보는 가운데 피해자에게 “야 이 씨발새끼야, 너 같은 새끼가 경찰관이냐, 콱 죽여불란다, 이 어린놈의 거지 같은 새끼야”라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.

2. At around 06:40 on June 28, 2014, the Defendant: (a) arrested a flagrant offender on the charge as described in paragraph (1), and escorted to the front line of the patrol vehicle to the front line of the police station; and (b) obstructed the police officer’s legitimate performance of duties concerning the arrest of a flagrant offender on a one-time basis by walking the face of E in the patrol vehicle while getting out of the patrol vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Relevant Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of insult and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act refers to the defendant's punishment against the defendant by taking into account the following factors: the defendant's mistake is recognized and against himself; the defendant appears to be a contingent crime; the defendant has no criminal records for the same kind of crime; the defendant's age, character and conduct, health status, and sentencing guidelines [the sentencing guidelines for the offense of insult are not set; thus, the sentencing range of the crime of obstruction of performance of official duties (which is limited to the lower limit of the basic area of obstruction of performance of official duties, six months to one year and four months