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

피고인은 2017. 8. 15. 18:00 경 안산시 단원구 C에 있는 'D 마트' 앞길에서, ‘ 난리가 났다’ 는 취지의 112 신고를 접수 받고 출동한 안산 단원 경찰서 E 소속 경찰관 경위 F(32 세) 이 피고인의 폭행 장면을 목격한 뒤 피고인을 현행 범인으로 체포하여 순찰차 뒷좌석에 태우자, “ 정권의 하수인들” 이라고 소리를 지르며 발로 위 F의 얼굴을 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A report on internal investigation, on-site photographs;

1. Investigation report (the application of Acts and subordinate statutes to the verification of CCTV images);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;

2. Determination of sentence [Public Prosecutor’s Opinions] 6 months of imprisonment with prison labor / [Judgment] 4 months of imprisonment with prison labor, and obstruction of the execution of official duties 1 year of suspended execution is a serious crime that undermines the functions of the State by nullifying legitimate exercise of public authority, and thus requires strict punishment.

However, considering the favorable circumstances that the defendant confessions, and only the fact that the defendant has been sentenced to a fine for the past 40 years, etc., the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., and the various sentencing conditions specified in Article 51 of the Criminal Act, such as the records and arguments of this case, are set off off the lower limit of the recommended punishment according to the sentencing guidelines, and the execution of the sentence is suspended.