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

피고인은 2019. 9. 12. 23:40경 성남시 중원구 B에 있는 C 앞에서, 별건 폭행 신고를 받고 출동한 성남중원경찰서 D파출소 소속 경장 E이 위 신고 사건의 피혐의자인 피고인의 여동생 F의 인적사항을 확인하려 하자, “계산도 다 했고 해결된 일이니 그냥 가라고 새끼들아. 씨발 짭새 새끼야.”라고 말하면서 E의 멱살을 수회 잡아 흔들고, 계속하여 “씨발, 이 새끼들이 날 밀었어. 이 새끼야. 죽을라고. 네가 씨발 날 밀었어.”라고 큰 소리로 욕설을 하면서 양손으로 E의 가슴을 힘껏 밀친 후 주먹으로 E의 머리를 1회 때리는 등 E을 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of official duties in the criminal investigation of police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on CDs of the witness E and G’s respective legal statements, the scene, criminal affairs, and images taken in the office;

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;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The Defendant asserts that, at the time of the judgment on the act of assault, he was able to take a bath against a police officer at the time, or was charged with a police officer’s hand. However, the Defendant did not look at a police officer’s breath or head.

However, according to each of the above evidence duly adopted and investigated by this court, it is sufficiently recognized that police officers E were assaulted as stated in the judgment of the defendant. Thus, the above argument is rejected.

2. Determination on the legality of performing official duties

A. The alleged police officer E exercised force by blocking the defects of the Defendant and F to leave the site without complying with a voluntary investigation.

Since the police officer's act is illegal execution of duty, the defendant's act was assaulted against it.