A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

피고인은 2015. 1. 25. 02:55경 서울 동대문구 C건물 2808호 피고인의 집에서, 가정폭력 신고를 받고 출동한 서울동대문경찰서 D파출소 소속 경위 E에게 “왜 왔냐, 너희 뭔데”, “씨발 짭새 새끼가 왜 왔어”라고 말하면서 오른손 주먹으로 위 E의 안면 부위를 향해 휘두르고, 순경 F이 이를 제지하자 오른쪽 다리로 위 F의 왼쪽 허벅지를 찼다.

Accordingly, the Defendant interfered with the legitimate performance of official duties of E and F, a police officer in the course of performing duties related to crime prevention and suppression.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties against the E and F) concerning the crime concerned;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the defendant's act of obstruction of performance of official duties against two police officers in the same process of performing the same duties, such as crime prevention and suppression, and thus, it can be evaluated as a single act by social norms. As such, the defendant's act of obstruction of performance of official duties against two police officers, the crime of obstruction of performance of official duties against F, which is more severe

1. Selection of imprisonment with prison labor chosen;

1. The sentencing criteria for the sentencing of Article 62(1) of the Act on the Suspension of Execution [Punishment] The sentencing criteria for the sentence of Article 62(1) of the Criminal Act on the grounds of the suspension of execution [the scope of the obstruction of performance of official duties and the coercion of official duties] The basic area of the sentence [the scope of the recommended sentence] (the sentencing criteria between June and January 4) does not present a separate treatment method

According to the decision of sentence, the sentence is imposed in consideration of the main factors following the defendant's motive, means and result, the defendant's age, occupation, character and conduct, family relation, etc., and all the sentencing conditions, such as the defendant's age, occupation, personality and conduct, and family relation, and there is no previous conviction, but the defendant who was under the influence of alcohol by reporting the police officers who entered the defendant's residence.