A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

피고인은 2015. 4. 25. 14:50경 서울 용산구 E에 있는 F파출소에서, 위 파출소 소속 경장 G이 피고인의 신분확인을 위해 인적 사항을 물어보자 “씨발놈아, 너가 뭔데 개새끼야”라고 욕설을 하며 발로 위 G의 정강이를 2회 걷어찼다.

Therefore, while arresting the Defendant as a flagrant offender of the obstruction of performance of official duties and moving the Defendant to the police station, the Defendant was put in the patrol vehicle at around 16:30 on the same day on the same day, on the ground that he/she was unable to wear locks within the patrol vehicle at around 179 No. 179 on the same day.

As a result, the Defendant interfered with the legitimate execution of duties in relation to the report processing and escort of the police officer G, and at the same time, the victim G (the age of 29) was in need of approximately two weeks of medical treatment and the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) is that the sentencing criteria do not provide a separate handling method for the ordinary concurrent crimes, and thus, the sentencing criteria cannot be applied.

Although it is necessary to strictly punish the defendant in that the police officer exercised violence to interfere with the legitimate performance of duties by the police officer and inflicted an injury on him, the order is issued in consideration of the following: (a) the defendant's mistake is recognized and repented; (b) the defendant deposited 300,000 won for the victim; (c) there is no past record of criminal punishment other than a single fine; and (d) other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, and health