A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2017. 5. 9. 12:24 경 부산 사하구 C에 있는 부산 사 하경 찰 서 D 지구대에서 피고인의 동생이 체포된 것에 항의하며 소란을 피워 그곳에 근무하는 경찰관들에 의해 퇴거조치 당하고 위 지구대 앞에서 계속 서 있던 중, 12:30 경 재차 위 지구대 내로 들어오려 하여 위 지구대 소속 경찰관 E이 이를 제지하자 욕설을 하며 위 E의 멱살을 잡아 끌어당기고 주먹으로 때릴 듯한 태도를 취하고, 위와 같은 행위로 위 지구대 소속 경찰관들에 의해 현행범인 체포를 당하자 발로 위 E의 허벅지 부위를 2회 찼다.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers concerning global guard service, management, and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment ofCCTV image CDs);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (the interference with the performance of public duties and coercion of duties) of the first type (the interference with the performance of public duties and coercion of duties) is nonexistent;

2. The punishment imposed on a police officer who has committed violence against a legitimate performance of official duties by taking advantage of his uniform form of judgment does not constitute a crime that impedes the exercise of legitimate public authority that should be strictly executed, and the accused has a record of having been punished several times for violent crimes;

However, the defendant recognized the crime of this case and reflects it, and there is no record of punishment exceeding the fine.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, methods and results of the crime of this case, the circumstances after the crime of this case, etc. shall be comprehensively considered, and all of the sentencing conditions in the arguments of this case and the records shall be determined as ordered.