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

피고인은 2015. 10. 1. 13:40경 부천시 오정구 C에 있는 D할인마트내에서, 소주를 구입하면서 외상을 해주지 않는다는 이유로 소란을 피워 업주의 112신고를 받고 현장 출동한 E지구대 소속 경사 F으로부터 귀가할 것을 요구받자 "야, 개새끼야, 나 건들면 죽어", "너 손 한번 봐줘야 되겠다"라고 소리치며 위 F의 멱살을 2회 잡아당겨 외근조끼와 넥타이를 찢는 등 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Each statement of G and H;

1. A copy of a police officer's certificate, a copy of a work site, a photograph of damaged parts, each investigation report, or general information;

the application of the laws and regulations governing admission and admission;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The defense counsel asserts to the effect that the defendant was in a state of mental disability under the influence of alcohol at the time of the crime.

According to the records, although the defendant's drinking at the time of the above crime is recognized, it cannot be seen that the defendant's ability to discern things or make decisions has been weak or lost. Thus, the defense counsel's assertion is not accepted.

Reasons for sentencing

1. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).

2. Determination of sentence: The defendant who has been sentenced to six months of imprisonment, one year of suspended sentence and one year of suspended sentence confessions as a substitute for the crime and repents, the degree of assault in this case is not much severe, and the defendant seems to have caused contingent crimes under the influence of alcohol.