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.

Criminal facts

피고인은 2016. 10. 17. 22:28경 서울 구로구 B에 있는 옷가게 앞길에서, 취객이 가게에 들어와 있다는 112신고를 받고 현장에 출동한 서울 구로경찰서 C지구대 소속 경위 D, 경장 E으로부터 옷 훼손 행위에 대한 책임여부에 대한 질문을 받자, 갑자기 위 D와 E에게 욕설을 하면서 오른 주먹으로 위 D의 배 부위를 1회 때리고, 오른발로 위 E의 왼쪽 정강이 부위를 1회 걷어찼다.

As a result, the defendant assaulted police officers D and E, thereby hindering police officers from performing their legitimate duties concerning handling 112 reported cases and protecting people's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the defendant;

1. Statement made to D by the police;

1. E statements;

1. As to the Defendant’s assertion of CCTV image pictures, the Defendant asserted that the Defendant was under the influence of alcohol at the time of the instant case, and that the instant crime was under the influence of mental and physical disorder.

However, according to the evidence duly adopted and examined by this court, the defendant at the time of this case can be found to have committed the crime because he had a lot of drinking and had a state of drinking. As such, as long as the defendant has come to a state of drinking on his wind, such circumstance cannot be seen as an element that can reduce the defendant's liability pursuant to Article 10 (3) of the Criminal Act. Thus, the defendant's above assertion shall not be accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area of obstruction of performance of official duties [Type 1]: Six months to one year and four months [No person who has been specially punished] (decision of sentence] of this case.