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 2019. 4. 21. 01:40경 전남 장흥군 B에 있는 C 술집 앞에서 ‘노상에서 남ㆍ여 10여명이 모여 싸움을 한다.’는 취지의 112 신고를 받고 현장에 출동한 장흥경찰서 D지구대 소속 경위 E, 경장 F, 순경 G이 폭행 현행범 H을 체포하려 하자 화가 나 “이런 좆같은 경찰새끼들이 없네. 누구 마음대로 체포를 하냐. 짭새새끼들아!”라고 욕설하며 경위 E, 경장 F의 몸을 머리와 양손으로 수 회 밀치고, 계속해서 피고인을 제지하는 순경 G의 몸을 양손으로 밀치며 “씨발, 경찰이 이래도 되냐!”고 욕설을 하는 등 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc. at the time of withdrawal);

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

1. The Defendant’s crime of abusing violence against a police officer who performs legitimate duties in sentencing on the grounds of Article 62(1) of the Criminal Act requires strict punishment in that the Defendant’s crime of abusing violence is limited to the public authority, and the liability for the crime is not weak and needs to inspire awareness of the general public in society. The Defendant recognized his mistake and reflects it, the Defendant’s statement that the damaged police officer E expressed his intention not to punish, the Defendant’s age, character and conduct, environment, health conditions, motive and consequence of the crime, etc., shall be determined as ordered in consideration of all of the sentencing factors indicated in the arguments of the instant case, such as the Defendant’s age, character and conduct