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

피고인은 2017. 2. 25. 01:54 경 경남 의령군 B에 있는 C 뒤에 있는 포장마차에서, 술에 취해 소란을 피운다는 내용의 신고를 받고 출동한 의령 경찰서 D 지구대 소속 경위 E, F과 함께 순찰차를 타고 피고인의 주거지로 이동하였고, G 아파트 앞 노상에 이르러 아무런 이유 없이 순찰차의 칸막이를 발로 수회 찼고, 이에 위 경위 E, F으로부터 제지를 받게 되자 경위 E과 F의 가슴과 다리를 발로 각각 수회 차는 등 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against E and F [The defendant alleged that he was in a state of mental or physical loss or mental weakness by drinking at the time of the crime in this case. Thus, according to the records of this case, it is recognized that the defendant had drinking alcohol at the time of the crime in this case, but it cannot be seen that the defendant had no or weak ability to discern things or make decisions, and thus, the defendant's assertion cannot be accepted.]

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines for sentencing: From six months to one year and four months (the scope of recommendations) in the case of choosing imprisonment, the basic area (Interference with the performance of public duties and coercion of duties) of category 1 (six months to one year and four months);

1. Although there are records of the same kind of crime to be sentenced, the sentence shall be determined as ordered in consideration of the fact that the defendant misleads the defendant and reflects the defendant, the fact that the defendant seems to have committed an accident by drinking, the mother who has the aged four children, the age and health conditions of the defendant, etc.;