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

피고인은 2019. 8. 23. 18:55경 전주시 완산구 B에 있는 전주완산경찰서 C지구대에서, 피고인이 술에 취해 도로에 누워있다는 내용의 112신고를 받고 현장에 출동하여 위험방지를 위한 보호조치를 위해 피고인을 위 지구대에 동행한 위 지구대 소속 경위 D 등으로부터 귀가권유를 받았음에도 기분이 나쁘다는 이유로 발로 위 경위 D의 배 부위를 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reports by the police officers and the protective measures for the host.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of investigation reports (in the situation at the time of dispatch of the site), internal investigation reports (in the presence of the suspect's behavior and the attachment of fluorial images and photographs), damaged parts photographs, and cellular phone filmings-related mobile phone photographs;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is committed by assaulting a police officer to interfere with legitimate execution of duties concerning the protective measures for a host person, and the crime is not good, and the police officer’s wishing to punish is disadvantageous to the defendant.

However, considering the fact that the defendant is recognized to commit the crime, the fact that there is no record of criminal punishment, and the age, character, conduct, environment, family relationship of the defendant, the circumstances and result leading to the crime of this case, and the conditions of various sentencing as shown in the arguments and records, such as the circumstances after the crime, the punishment shall be determined as ordered.