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. 9. 12. 23:40경 성남시 중원구 B에 있는 C 앞에서, 별건 폭행 신고를 받고 출동한 성남중원경찰서 D파출소 소속 경장 E이 위 신고 사건의 피혐의자인 피고인의 여동생 F의 인적사항을 확인하려 하자, “계산도 다 했고 해결된 일이니 그냥 가라고 새끼들아. 씨발 짭새 새끼야.”라고 말하면서 E의 멱살을 수회 잡아 흔들고, 계속하여 “씨발, 이 새끼들이 날 밀었어. 이 새끼야. 죽을라고. 네가 씨발 날 밀었어.”라고 큰 소리로 욕설을 하면서 양손으로 E의 가슴을 힘껏 밀친 후 주먹으로 E의 머리를 1회 때리는 등 E을 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of official duties in the criminal investigation of police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on CDs of the witness E and G’s respective legal statements, the scene, criminal affairs, and images taken in the office;

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. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The Defendant asserts that, at the time of the judgment on the act of assault, he was able to take a bath against a police officer at the time, or was charged with a police officer’s hand. However, the Defendant did not look at a police officer’s breath or head.

However, according to each of the above evidence duly adopted and investigated by this court, it is sufficiently recognized that police officers E were assaulted as stated in the judgment of the defendant. Thus, the above argument is rejected.

2. Determination on the legality of performing official duties

A. The alleged police officer E exercised force by blocking the defects of the Defendant and F to leave the site without complying with a voluntary investigation.

Since the police officer's act is illegal execution of duty, the defendant's act was assaulted against it.