A defendant shall be punished by imprisonment for 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

At around 04:30 on August 11, 2016, the Defendant appears to have expressed the attitude of saying, “A citizen has the right to take charge of any work performed by the police” to a slope E belonging to the Seodaemun-gu Police Station D Boxes called “A citizen has the right to take charge of any work performed by the police” who was dispatched after receiving 112 a report that “the host is entitled to take charge of the floor” on the C cafeteria located in Seopo-si B, Seopo-si.

갑자기 오른손으로 E의 오른쪽 팔뚝을 잡아 누르고, E이 잡힌 팔뚝을 돌려 피고인의 손을 밀쳐내자 “너 이 새끼 그렇게 힘이 세, 한 번 해볼래!”라고 욕설을 하면서 오른손으로 E의 몸을 거칠게 밀치고 왼쪽 검지손가락으로 E의 목을 향해 찌르는 시늉을 하였다.

Accordingly, when the Defendant was arrested as a flagrant offender in the obstruction of performance of official duties, and the Defendant was arrested as a flagrant offender in the obstruction of performance of official duties, he expressed to E that “I am out of this flag and flag, and I am out of the flab.”

As a result, the defendant assaulted the police officer, thereby obstructing his legitimate execution of duties concerning criminal investigation and maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) is that the Defendant committed the instant crime by assaulting the body of the victimized police officer several times, and committing the instant crime. In order to establish the national legal order and eradicate the light view of the public authority, it is necessary to strictly punish the crime against the public authority, such as obstruction of performance of official duties.

However, it is recognized that the defendant has committed the crime of this case, and there is no other record of the crime except the punishment of a fine for driving under drinking prior to the crime of this case, the sentencing precedent in similar cases, and the age, character and conduct of the defendant.