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

피고인은 2016. 3. 9. 20:40 경 화성시 B에 있는 ‘C’ 주점 앞 노상에서, ‘ 술 취한 남자가 행패를 부린다’ 는 112 신고를 받고 출동한 화성 서부 경찰서 D 파출소 소속 순경인 피해자 E로부터 귀가를 종용 받자 피해자에게 욕설을 하면서 주먹으로 피해자의 가슴을 1회 때리고, 발로 왼쪽 다리를 1회 걷어찼다.

As a result, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order, and at the same time, the defendant left a scarcity, which requires two-day medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Act include: (a) there are unfavorable circumstances, such as the fact that the nature of the crime is not good in light of the form and content of the instant crime; and (b) the Defendant has the record of serving several times of punishment for the same violent crime; (c) however, the circumstances such as the Defendant’s mistake is against the truth; (d) the victim’s injury is minor; and (e) the victim deposited 50,000 won, etc. shall be taken into account; and (e) other factors for sentencing as indicated in the records and arguments, such as the Defendant’s age, sex behavior, environment, background of the crime