A defendant shall be punished by imprisonment for six months.

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

Criminal facts

피고인은 2014. 11. 27. 00:55경 안산시 상록구 B 앞길에서 술에 취하여 바닥에 누워 자던 중 “만취한 행인이 쓰러져 있다.”라는 112신고를 받고 그곳에 출동한 안산상록경찰서 C지구대 소속 경장 D가 자신을 깨우자 화가 나 위 D에게 “야, 이 개새끼야! 죽여버린다!”라고 욕설을 하며 왼손으로 위 D의 멱살을 잡아당기고 손으로 D의 가슴을 힘껏 밀고서 발로 D의 정강이 부위를 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. The defendant's partial statement (the defendant asserts that he has no memory at the time of committing the crime, but according to the records, although the defendant's drinking was recognized at the time, it does not seem that the defendant's ability to discern things or make decisions was weak or lost. Thus, the defendant's argument is without merit).

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the damaged police officers;

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

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The crime of this case with the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Probation Act is the case where the defendant obstructed the performance of official duties by assaulting a police officer. In light of the favorable circumstances such as the defendant's assault and injuree nature of the crime, the defendant is in bad condition, such as the defendant's previous crime, and the defendant's mistake is against his depth while recognizing the crime of this case, and all of the sentencing conditions in the trial of this case, the punishment