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

피고인은 2019. 5. 19. 22:15경 구미시 B에 있는 ‘C’ 식당 앞길에서 자신의 지인인 D과 다투며 몸싸움을 하다가 112 신고를 받고 출동한 구미경찰서 E지구대 소속 경사 F 및 순경 G으로부터 제지를 받자 이에 화가 나, “니가 뭔데 꺼져라”라고 말하면서 손으로 위 G의 얼굴 부위를 수 회 때리고, 손으로 위 F의 등 부위 및 얼굴 부위를 수 회 때리고, 발로 위 F의 허벅지 부위를 1회 찼다.

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. Defendant's legal statement;

1. Each police statement made to F and H;

1. Each statement of I, J and K;

1. Application of Acts and subordinate statutes to investigation reports (as at the time of dispatch to the site);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. In light of the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act regarding probation and community service order is that the Defendant’s face, etc. of the police who speaks against fighting is considerably good; (b) the Defendant did not receive any instruction from the damaged police; and (c) the Defendant has been punished several times for the same violent crimes from 1991 to 191, it is necessary to impose strict liability on the Defendant.

However, the fact that the defendant shows the form of recognizing the crime from the beginning of the investigation, that the defendant has no record of having been sentenced to criminal punishment for the same kind of crime, and that the defendant has not committed violent crimes since 2013, etc. shall be considered in determining the sentencing.

In addition to the above various circumstances, the sentencing guidelines and the defendant's age, character and conduct, occupation, family relationship, previous conviction, circumstances after the crime, and attitude after the crime are also determined as ordered by considering various sentencing conditions.