A defendant shall be punished by imprisonment for not less than eight 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 2016. 9. 3. 21:40 경 경남 거제시 B에 있는 ‘C 모텔 ’에서 술 취한 사람이 소란을 피운다는 신고를 받고 출동한 거제 경찰서 D 지구대 소속 경찰관 순경 E이 피고인에게 경위를 물으며 진정을 시켰으나 피고인이 E에게 주먹을 휘둘러 같이 출동한 경찰관 경사 F이 이를 제지하며 피고인을 밖으로 데려 나가려고 하자 발뒤꿈치로 F의 좌측 정강이 및 우측 발뒤꿈치 부위를 4~5 회 걷어차고, 이어 F이 넘어진 피고인을 일으켜 세우며 귀가할 것을 종용하자 “ 씹할, 새끼들 아 내 아들뻘도 안 되는 개새끼들이” 라며 욕설을 하며 무릎으로 F의 낭 심 부위를 1회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each investigation report (CCTV image);

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Determination of sentence to sentence - Unfavorable circumstances: The nature of the crime of this case committed by a police officer who has imprisoned him; and

(k) favorable circumstances: The fact that the defendant appears to be a contingent crime under a large number of drinking, the fact that he or she reflects his or her mistake, or that he or she has no same or serious criminal record;

The sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and circumstances after the crime, shall be determined in consideration of the sentencing conditions of the defendant.