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

피고인은 2019. 6. 8. 05:20경 인천 연수구 B아파트 정문 앞 노상에서 '택시요금을 지불하지 않는다'는 112 신고를 받고 출동한 인천연수경찰서 C파출소 소속 경찰관인 경위 D으로부터 무임승차에 관한 통고 처분을 받자 이에 화가 나 “야 이 씨발, 좃같이”라고 소리치며 순찰차 위에 침을 수 회 뱉고, 무릎으로 경위 D의 좌측 다리를 때리고, 팔꿈치로 좌측 팔 부위를 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing the images of patrol booms;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. One to five years from the month of imprisonment with prison labor for the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Type of obstruction of performance of official duties: Obstruction of performance of official duties [No. 1] / coercion of official duties

(b) The scope of recommendations and the basic area of recommendations (one to half years of imprisonment);

3. Circumstances disadvantageous to the decision of sentence: The nature of the instant crime is very poor;

There are many criminal charges of fine due to violent crimes against the accused.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The sentencing conditions of the defendant, including the above unfavorable circumstances, favorable circumstances, the age and environment of the defendant, the motive means of the crime, the results of the crime, the circumstances after the crime, etc. of this case, and the scope of recommended sentencing guidelines, shall be determined as per the order.