A defendant shall be punished by imprisonment for not less than eight 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 2020. 3. 28. 22:56경 부산 사상구 B, 3층에 있는 피고인의 주거지 앞에서 피고인이 술에 취해 소란을 피운다는 112 신고를 받고 출동한 부산사상경찰서 C파출소 소속 경장 D, 경위 E로부터 귀가하라는 요구를 받자 위 D의 얼굴 쪽으로 주먹을 휘두르며 약 10분간 욕설을 하고, 위 D과 E에 의해 현행범인으로 체포되어 순찰차에 태워지자 발로 위 E의 복부를 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate performance of official duties of police officers concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. Application of Acts and subordinate statutes to the investigation report (No. 1 of the evidence list);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not likely to obstruct the execution of official duties by assaulting two police officers in the course of performing official duties.

The defendant recognizes his own crime.

The defendant has no record of punishment or punishment heavier than a fine for the same kind of crime.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.