However, the defendant shall be sentenced to the above punishment for one year from the date this judgment becomes final and conclusive.

피고인은 2013. 9. 14. 01:00경 서산시 B에 있는 'C'주점 앞 노상에서 술에 취해 소란을 부리고 행인에게 욕설을 하다가 112 신고를 받고 출동한 충남서산경찰서 D지구대 소속 경찰공무원인 경위 E와 경사 F가 피고인을 진정을 시키며 인적사항을 확인하자 "이 씨발, 서산에 있는 짭새들 다 데려와"라고 욕설을 하며 근무수첩에 인적사항 등을 메모하려는 경위 E의 오른쪽 팔을 잡아 꺾고, 경위 E의 조끼에 부착된 무전기를 잡아 바닥에 던지고, 손으로 경위 E의 가슴 부분을 밀쳤다.

As a result, the Defendant interfered with the legitimate performance of duties concerning the handling of reported case by the Inspector E, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and E;

1. Application of H’s written Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the Defendant, with the reason of sentencing, takes a bath to the police in the course of performing official duties and commits violence, such crime is not deemed to be minor.

In addition, the defendant has been sentenced to a fine due to violence several times.

However, considering the fact that the defendant reflects his mistake in depth, there is no criminal conviction in addition to a fine, and there is no past record of punishment due to an act of violence since October 24, 2002, the execution of imprisonment shall be suspended by taking into account the following factors: the defendant's age, family relation, etc., and the execution of imprisonment shall be suspended, and community service shall be ordered.

It is so decided as per Disposition for the above reasons.