A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2014. 8. 18. 15:55경 경기도 가평군 C에 있는 노상에서 술에 취해 잠을 자다가, 112신고를 받고 출동한 가평경찰서 D파출소 소속 경사인 피해자 E(42세)로부터 집으로 귀가할 것을 요청받자 피해자를 향해 침을 수 회 뱉고, “너 이리와 봐, 씨발놈아, 짭새 새끼야”라고 소리치면서 오른 손바닥으로 피해자의 왼쪽 뺨을 1회 때려 피해자에게 약 2주간의 치료가 필요한 우측 측두하악 관절 및 인대의 표재성 손상 등을 가하였다.

Accordingly, the defendant interfered with the legitimate performance of duties of the police officer's security, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act and 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 Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Consideration of the following favorable circumstances, etc.):

1. Reasons for the sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Injury (Article 1-2 of the Act on the Punishment, etc. of Probation) / In the case of minor injury (Article 1-1 and 4) / [decision of sentence] 4 months of imprisonment and 2 years of suspension of execution (Article 2-2 of the same Act), in the case of obstruction of performance of duties (Article 1-4) / [decision of sentence] 4 months of imprisonment and 2 years of suspension of execution (Article 2-2 of the same Act, the danger of recidivism exists, and the fact that the damaged police officer wants to punish the accused, etc., the sentence shall be imposed to imprisonment without prison labor; on the other hand, confession and reflect; there is no criminal record of suspension of qualification or more, and the execution shall be postponed considering