A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2018. 7. 5. 23:00 경 서울 노원구 B 앞길에서, 택시요금에 관하여 택시기사와 시비하던 중 관련 신고를 받고 출동한 서울 노원 경찰서 C 지구대 소속 경사 D으로부터 택시요금을 지급하고 귀가할 것을 종용 받자, 위 D에게 욕설을 하며 발로 그 가슴 부위를 1회 걷어찼다.

Accordingly, the defendant assaulted police officers who perform legitimate duties on the maintenance of public order and interfered with the execution of their duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to written E;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant appears to have committed the instant crime; (b) the Defendant has no record of criminal punishment in favor of the Defendant; (c) the Defendant obstructed the performance of official duties by assaulting a police officer performing official duties on the ground that the Defendant was under the influence of alcohol; and (d) the Defendant was disadvantageous to the Defendant; and (c) other factors, such as the Defendant’s age, sex, environment, background, means and consequence of the commission of the instant crime, etc.; and (d) the sentence is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the instant records and trial process, including the circumstances after the commission