A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

피고인은 2019. 10. 2. 00:43경 서울 B에 있는 C경찰서에 맨발로 술에 취한 채 들어와 소란을 피워 C경찰서 교통사고조사팀 소속 경찰공무원 경장 D이 귀가를 권유하며 피고인을 출입문 밖으로 데리고 나가려 하자, 피고인은 위 출입문을 발로 2회 걷어차고 이를 제지하는 같은 팀 소속 경찰공무원 경위 E의 얼굴을 주먹으로 1회 때리고 옆에 있던 위 D의 좌측 허벅지를 발로 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the receipt and handling of traffic accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A photograph of damage (E) and a written diagnosis of injury;

1. Application of the Acts and subordinate statutes on CCTV filming images;

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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is an offense that undermines the function of the state’s legal order and requires strict punishment, and the degree of the obstruction of execution of the instant case’s legal order is not weak.

However, the punishment as ordered shall be determined by comprehensively taking into account the arguments of this case and the sentencing conditions shown in the records, such as the fact that the defendant is against himself and has no record of punishment other than minor fines only once.