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

피고인은 2014. 9. 15. 01:40경 구리시 B, 302호에 있는 자신의 집에서, “아빠가 술에 취해 들어와 행패를 부린다.”는 신고를 받고 출동한 경찰관인 피해자 C(44세)에게 “야 씨발 놈아. 왜 왔어. 개새끼들아.”라고 욕설을 하며 주먹으로 피해자의 가슴 부위를 3회 때리고, 피해자와 경찰관들이 피고인을 제압한 뒤 체포하려 하자 이에 반항하며 손으로 피해자의 왼손 집게손가락을 잡아 비틀고, 계속하여 피해자 등으로부터 체포가 되어 경찰서로 연행되던 중에도 앞서 계단을 내려가던 피해자의 왼쪽 등 부위를 발로 1회 걷어찼다.

Accordingly, the defendant assaulted a police officer who performs his duties and interfered with legitimate execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on the violence side photographs of slope C;

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. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (six months to one year and four months) of the obstruction of performance of official duties (the decision of sentence), [the decision of sentence] six months, suspension of execution two years, and community service work 40 hours, which interfere with a police officer's legitimate performance of official duties, and thus, the nature of the crime is not good.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes and reflects the depth thereof; (b) the Defendant did not have any other criminal records except for those sentenced to a fine of KRW 100,000 as a result of the Defendant’s violation of the Establishment of Homeland Reserve Forces Act in approximately 26 years; and (c) the Defendant’s age, character and environment, the background and motive leading to the instant crime; and (d) the circumstances before and after the instant crime, etc.,