A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2014. 6. 27. 21:15경 수원시 권선구 C에 있는 자신의 집에서, 신고를 받고 출동한 수원서부경찰서 D지구대 소속 경찰관인 E가 출동 이유를 설명하면서 인적 사항을 물어보자, E에게 ‘야 씨발놈아, 내가 뭘 잘못했냐, 니가 경찰이냐, 경찰관이 깁스하면 안되지, 한번 붙어볼래’라고 말하며 주먹으로 E의 왼팔 깁스 부분을 주먹으로 툭툭치고 머리로 E의 몸을 들이받고, E로부터 경고를 받자 ‘한번 해봐, 씨발놈아’라고 말하며 주먹으로 E의 왼쪽 옆구리 부분을 2회 치는 등 폭행하였다.

In this way, the defendant interfered with the legitimate execution of duties of public officials.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The defense counsel on each police statement against E and F alleged that the defendant was in a mental and physical state under the influence of alcohol at the time of the instant crime. However, in light of the background leading up to the instant crime, the means and method of the crime, and the circumstances after the instant crime, etc., the defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time of the instant crime.

Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.

Application of Statutes

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 [Type of Crime] The basic area of the obstruction of performance of official duties (the scope of the field and recommendation] - six months of imprisonment or one year and four months of imprisonment [decision of sentence] - Social Service 80 hours of imprisonment with prison labor for six months or one year and four months of imprisonment ] - although the defendant could have been sentenced to a fine due to violent crimes, he/she committed the instant crime, and the degree of obstruction of performance of official duties.