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

피고인은 2020. 8. 21. 22:20경 서울 관악구 B 소재 지하1층 C주점에서 112신고를 받고 출동한 서울관악경찰서 D지구대 순찰2팀 순경 E로부터 집으로 귀가할 것을 권유받자 “개새끼들 좆밥들이 나랑 싸워볼래”라고 말하며 E의 오른쪽 발목 부위를 발로 차고, 순경 F의 얼굴을 왼손 주먹으로 1회 가격하여 112 신고업무에 관한 경찰공무원의 정당한 공무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of performance of official duties);

1. Where an act of violence or intimidation is committed against multiple public officials who perform the same duties as an ordinary concurrent act, multiple crimes of obstruction of performance of official duties are established according to the number of public officials who perform official duties, and where the above act of violence or intimidation was committed in the same opportunity at the same place, and it is assessed as one act under the social concept, multiple crimes of obstruction of performance of official duties are crimes of conceptual concurrence.

(See Supreme Court Decision 2009Do3505 Decided June 25, 2009). Articles 40 and 50 of the Criminal Act

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the defendant committed an assault against the police officer dispatched after receiving a 112 report without any justifiable reason, and the nature of the crime is not good.

On December 4, 2019, the Defendant was subject to punishment of a fine of KRW 500,00 for assault in Seoul Central District Court on two occasions, and was subject to punishment twice for the criminal act accompanying violent nature.

Furthermore, the Defendant was unable to take advantage of the police officer victimized by the instant accident.

However, it is advantageous to the fact that the defendant confessions all crimes and reflects them, and that the violence committed to police officers is considerably serious.