A defendant shall be punished by imprisonment for not less than eight 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 2019. 4. 23. 01:15경 나주시 B에 있는 C 앞 노상에서 차량 조수석 잠금장치가 시정되지 않는다는 민원을 접수하고 출동한 나주경찰서 D파출소 소속 경위 E와 대화를 하던 중 ‘공무원들이 하는 일이 무엇이냐, 너는 몇 살 먹었냐, 야 개새끼야’라고 욕설을 하며 E에게 주먹을 휘두르고 발로 허벅지 부위를 1회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the treatment of civil petitions and maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act: (a) Defendant again committed the instant crime even though he/she had the record of having been sentenced to a suspended sentence of imprisonment by committing the same kind of crime on December 2014; (b) Defendant’s use of violence to police officers who performed legitimate duties by taking into account the circumstances unfavorable to him/her; or (c) Defendant’s use of violence by taking into account the favorable circumstances in which the victimized police officers agreed with the victimized police officers are not subject to the punishment of Defendant; and