A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2015. 3. 27. 22:00경 인천 서구 B에 있는 'C'에서 ‘일반 업소에서 노래하고 술을 마시는 영업을 한다’라는 112신고를 받고 출동한 인천서부경찰서 D지구대 소속 경찰관 E이 노래방 기계를 사진 촬영하는 것에 기분이 상하여 E에게 “짭새 새끼들아, 불법도 아닌데 왜 왔냐, 꺼져라”고 욕설을 하고, E이 풍속영업위반 사실을 확인하기 위해 업소의 업주를 데리고 출입문 쪽으로 나가자 뒤따라가 오른손으로 E의 왼쪽 뺨 부위를 1회 때려 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is insignificant in the area of mitigation (one to eight months) (Special Mitigation) of the area of obstruction of performance of official duties (one to one month), [Determination of sentence] of the crime of this case is that the defendant expressed a desire to a police officer in uniform, and assaults a police officer at the time of the police officer's buck, and the nature of the crime and the offender are bad.

Therefore, the sentence of imprisonment is sentenced.

However, considering the fact that the attitude of crime is relatively minor, that the defendant recognizes and reflects the crime, and that the defendant has no record of the same kind, the execution of punishment is suspended, and community service is ordered to prevent recidivism.