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

피고인은 2015. 3. 8. 19:35경 대전 동구 C에 있는 D 식당에서, 피고인이 술에 취하여 손님들에게 시비를 건다는 내용의 신고를 접수하고 현장에 출동한 대전동부경찰서 E지구대 소속 경위 피해자 F으로부터 귀가할 것을 요구받자, 피해자에게 "자식 같은 경찰 놈들이 힘없는 놈들만 괴롭힌다. 한 주먹도 안 되는 놈들이 까불지 마라. 이 짭새야“라고 욕설을 하며 양손으로 피해자의 가슴을 2회 밀고, 주먹을 휘둘러 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of the victim and crime prevention affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of field photographs and Acts and subordinate statutes on complaint;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation]: No basic area of the obstruction of performance of official duties (for six months to one year and four months of imprisonment): [Determination of sentence]: The defendant recognizes and reflects the crime in this case; there is no record of criminal punishment; the defendant has suffered disability due to industrial accident; the defendant must support his family; and the assault in this case and the degree of interference with official duties; the circumstances after the crime; the defendant's age; and all other circumstances revealed in oral arguments, such as character and conduct, shall be comprehensively taken into account according to the sentencing guidelines of the Supreme Court Sentencing Committee on the crime of obstruction of official duties; and the decision shall be made as the order, taking into account the balance of recommendations according to the sentencing guidelines of the Sentencing Committee.