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 of the final judgment.

Punishment of the crime

On July 18, 2015, around 23:55, the Defendant: (a) reported the disturbance at the said main point and sent the Defendant to the police box affiliated with the Yeongdeungpo-gu Police Station E (hereinafter “D main station”); (b) opened the Defendant’s vehicle under the influence of alcohol and carried the Defendant into the said box.

이에 위 F이 “음주운전하면 안됩니다”라고 말하며 피고인을 제지하자, 피고인은 위 F에게 “야 씨발놈아 니가 뭔대 ”라고 말하며 오른발로 위 F의 오른쪽 정강이 부위를 1회 차고, 왼쪽 정강이 부위를 1회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (on-site exit situations, use of outfits, etc.), investigation reports (on-site visit photographs and refusal of affixing seals), investigation reports (on-site visit photographs and refusal of affixing seals), investigation reports ( on-site visit reports, confirmation of whether a victim has submitted a medical certificate of injury and the details of reporting and withdrawal), investigation reports

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

1. The scope of sentence prescribed in the sentencing guidelines in consideration of the following: Article 62 (1) of the Criminal Act (the punishment shall be set within the scope of sentence (the basic area of the crime of obstruction of performance of official duties, six months - one year and four months) (the period of suspension of execution shall be determined within the scope of sentence, and the execution of the sentence shall be postponed), in consideration of the following: (a) there is no previous offense against the defendant; (b) there is no aggravated factor among the special siblings specified in the sentencing guidelines; (c) there is no adverse factor in the suspension of execution; (d) there is no adverse reason for the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;