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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From September 29, 2016, the Defendant is a person whose director-general C, an online newspaper, has worked as a member of the society.
1. Injury;
A. On October 5, 2016, at around 00:15, the Defendant: (a) expressed the victim’s desire to leave the taxi in front of the south-gu Incheon Metropolitan City drive F (the age of 61) in the south-gu, to the destination of the passenger; and (b) stated that “I am out of the taxi, I am out, I am out, I am out, I am out, I am out of the taxi to the driver’s face; (c) the victim am out of the taxi to the driver’s seat; (d) the victim am out of the taxi to the driver’s seat; (d) the victim am out of the taxi to the driver’s seat; (e) the victim am out of the taxi to take part of the victim’s head, chest part of the baby; and (e) the victim sustained the victim’s bridge to walk the victim’s bridge at several times, and sustained the victim’
B. At around 00:30 on October 5, 2016, the Defendant: (a) Ma, the victim G (the age of 45) in front of the south-gu Incheon Metropolitan City D, refers to the Defendant who assaults F as referred to in the foregoing paragraph 1(a) and, (b) the victim’s face was 5:6 times due to head; (c) when the victim’s head and breast part of the victim’s hair were able to take part in the victim’s head and breast part, thereby damaging the victim’s reputation of the head that requires two weeks’s treatment.
2. Performance of official duties;
가. 피고인은 2016. 10. 5. 00:35경 인천 남구 H에 있는 I지구대에서 위 제1항과 같은 폭행 사건의 현행범으로 체포되어 인치되자 양복 상의에서 C 신분증을 꺼내어 바닥에 집어 던지며 위 I지구대 소속 경찰관 J 등에게 ‘병신새끼들, 내가 C 국장인데, 당신들 카메라 들이대고 한번 제대로 해 봅시다’라고 말하고, J이 피고인을 제지하자 ‘아주 눈깔에 뵈는 게 없구만, 씹할, 너희가 법을 알아 내가 다 잡어 처넣을 테니까 알았어 ’라고 큰소리를 치며 손으로 J의 가슴을 밀어 폭행하였다.
Accordingly, the defendant's duty of carrying a flagrant offender into custody of a police officer is legitimate.