A defendant shall be punished by imprisonment for four 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. 7. 26. 23:25경 서울 은평구 B 앞길에서 잠에 들어 있다가, “주취자가 쓰러져 자고있다.”라는 취지의 112신고를 받고 출동한 피해자 서울은평경찰서 소속 경찰관 C(40세)으로부터 “일어나서 귀가하시라.”는 취지의 말을 듣자, 위 경찰관에게 “씹할놈아 나한테 왜 그러냐, 개새끼야 니들 할 일이나 해라, 좆 까는 소리 하지 말고 꺼져.”라고 말하고, 발로 피해자의 오른쪽 정강이를 2회 걷어찼다.

As a result, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate official duties on handling reports.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (see, e.g., circumstances that are considered as the reason for sentencing) of the suspended sentence [the scope of recommendation] The basic area (f.i.e., the obstruction of performance of official duties) (f., June to April) of the obstruction of performance of official duties / [decision of the sentence] / The sentence of imprisonment is chosen in light of the following: (a) the defendant was sentenced to a fine due to violence twice, and the crime of this case that interferes with the performance of official duties by taking advantage of his motive and assaulting the police officer without good cause under the influence of alcohol is not sufficient; (b) the defendant reflects his mistake and has no same criminal record; and (c) the degree of the obstruction of official duties is relatively heavy; and (d) the sentence of this case, including the defendant’s age, character, and environment, should be suspended only once by taking account of various circumstances that are the