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

On November 16, 2014, around 19:00, the Defendant expressed a bath at the C cafeteria located in Pyeongtaek-gun B, that he was required to explain the situation from the victim F (55 years of age) who was a police box in the Eunpyeong Police Station Estation, who was in charge of drinking alcohol and was called upon 112 after receiving a report. On November 16, 2014, the Defendant spawned the breast by drinking, and spawd it with breath’s hand.

피고인은 공무집행방해 혐의로 현행범으로 체포되어 경찰차에 승차한 뒤 호송을 위해 옆자리에 앉으려던 피해자의 가슴을 재차 발로 걷어찼다.

As a result, the Defendant inflicted an injury on cage cages and tensions that require approximately two weeks of medical treatment on the victim, and at the same time interfered with the handling of police reports and legitimate execution of duties regarding the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to the investigation report (15 pages of investigation records);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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. In light of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (hereinafter “Social Service Order”) by the Defendant, upon receiving a 112 report, frightened the police officer who was called out and frightened in the form of an offense of obstruction of the performance of official duties, again inflicted an injury upon the police officer’s chest by generating his chest after being arrested as an offense of obstruction of the performance of official duties, the instant crime is deemed to require strict punishment

However, various circumstances, such as the fact that the defendant is recognized as committing the crime, the fact that there is no same criminal history, the defendant's age, character, conduct and family environment, the process and motive leading to the crime of this case, and the circumstances before and after the crime, etc., which form the conditions for sentencing as shown in the records and arguments of this case.