Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. 피고인은 2012. 8. 13. 04:35경 서울 서초구 B 앞길에서, 택시 기사 C의 신고를 받고 출동하여 잠든 피고인을 깨우는 서초경찰서 D파출소 소속 경위인 피해자 E, 경사인 피해자 F에게 위 C과 불상의 행인들이 목격하는 가운데 “아이 씹할, 너희들이 뭔데 잠을 깨워. 짭새 새끼들아, 깨우지 말고 그냥 놔둬라. 씹할 새끼들아, 개새끼들아.”라는 등 계속 욕설을 하고 피해자들을 향해 오른손 중지를 세워 올리는 등으로 약 10분간 공연히 피해자들을 각각 모욕하였다.
2. On August 13, 2012, at around 04:45, the Defendant committed assault, such as: (a) around 04:45, at the places indicated in the foregoing paragraph (1), the defect that the said E and F tried to arrest the Defendant as an insulting flagrant offender with respect to the insult as mentioned in the foregoing paragraph (1); (b) was in possession of E; and (c) was able to walk up about five times the parts of E, namely, having walked about five times the parts of E; (d) was hick up the parts of E’s selling and bridge; and (e) was fluening the parts of E’s working clothes and outer booms by hand.
Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Each police statement of E;
1. Complaint of the E or F;
1. C’s statement;
1. Application of police investigation reports (Listening to telephone statements of taxi drivers) Acts and subordinate statutes;
1. Articles 311 and 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act among the crimes of insult in the market;
1. Imprisonment with prison labor for choice of punishment;
1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for the crimes of the above two crimes is aggregated);
1. Article 62 (1) of the Criminal Act;