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. 11. 19. 00:00 경 대전 서구 C에 있는 ‘D 주점’ 앞 노상에서 무단 횡단을 하던 중 그곳에서 교통사고 사건처리를 하고 있던 대전 둔 산 경찰서 E 지구대 소속 순경 F으로부터 신분증 제시를 요구 받자, 이를 거부하면서 도로 중간에 서서 그곳을 진행하던 차량의 통행을 막게 되었고, 이에 F이 피고인의 팔을 잡고 안전한 곳으로 데리고 나오자, F에게 화를 내면서 F의 가슴을 손으로 1회 밀치고, 발로 오른쪽 다리를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the traffic control of police officers and the prevention of traffic hazards.

Summary of Evidence

1. Statement by the defendant in court;

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

1. G statements;

1. Each investigation report (No. 8, 9);

1. Application of the statutes governing the arrest of flagrant offenders;

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

1. Article 62 (1) of the Suspension of Execution Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act), such as the fact that the defendant is dead and seriously against the defendant when committing the crime of this case, the defendant has no previous conviction nor has been sentenced to four times a fine due to the same crime, and the defendant deposited a certain amount of money to the police officer victimized by the defendant, etc.), which is favorable to the defendant, has interfered with the legitimate exercise of public authority that should be strictly executed, and thus

Therefore, the criminal liability is heavy.

It can be seen that the Defendant did not agree with the victimized police officer, and that the victimized police officer wanted to punish the Defendant, etc. under the circumstances unfavorable to the Defendant, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., are obstructing the conditions of all kinds of sentencing prescribed in Article 51 of the Criminal Act and the execution of official duties.