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. 12. 14. 10:55 경 B에 있는 C 시청 2 층 시장 실 앞에서 시장을 만나게 해 달라는 요구를 들어주지 않는다는 이유로 공사용 전기톱을 들고 소란을 피우던 중 C 시청 소속 청원경찰인 D(45 세) 이 피고인을 제지하자 발로 위 D의 발목을 1회 걷어차고, 무릎으로 같은 청원경찰인 E(45 세) 의 다리를 수 회 차고, 발로 위 E의 오른쪽 턱 부위를 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance and protection of the C Viewing Office order of the police assigned for special guard.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written statement of F and G;

1. Each certificate of employment;

1. Application of evidence photographs, and Acts and subordinate statutes on the surface of crimes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The fact that many of the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order are criminal records of multiple violence, and the degree of interference with the performance of official duties is relatively heavy, etc. are disadvantageous to the defendant.

However, in light of the fact that the defendant has no record of punishment exceeding the same criminal record and fine, confession and reflective attitude of each of the crimes in this case, police assigned for special guard D and E express their intent to not punish the defendant, the circumstances of Article 51 of the Criminal Act, the scope of recommended punishment in sentencing guidelines, etc., the punishment shall be determined as per the order.