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

피고인은 2015. 3. 11. 20:45경 서울 용산구 C에 있는 ‘D식당’에서 피고인이 술에 취하여 무전취식하고 다 때려부순다는 내용의 112 신고를 받고 정복을 착용한 채 출동한 서울용산경찰서 E지구대 소속 경장 F에게 “내가 뭘 잘못했느냐”며 소란을 피우고, 이에 F이 피고인을 진정시키려고 하자 “사장한테 돈 받았냐 경찰관들은 쓰레기다. 젊은 새끼들이 돈 받고 그러느냐.”고 하면서 F의 멱살을 잡아 흔들고, 주먹으로 F의 가슴을 수회 때리는 등 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered as the reasons for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, Etc. [Scope of Recommendation] / The basic area of the obstruction of performance of official duties (decision of the sentence of imprisonment] / The defendant has several criminal convictions due to violence and has the record of being punished for the same kind of crime. The crime of this case that interferes with the execution of official duties by assaulting a police officer who wear a uniform without any justifiable reason under the influence of alcohol is not good. In light of the fact that the defendant's mistake is against his own mistake and the police officer is not in the location of injury due to the crime of this case, including the defendant's age, character and behavior, and environment, the execution of imprisonment is suspended only once on condition of social service, and the sentence of this case is determined as ordered.