A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2016. 5. 2. 12:55 경 서울 마포구 B에 있는 ‘C’ 음식점에서 소란을 피워 그곳에 112 신고를 접수 받고 출동한 서울 마포 경찰서 D 지구대 소속 순경 E로부터 경위를 청취 받게 되자 술에 취하여 “ 확 때려 버릴라 ”라고 말하며 손을 들어 때릴 듯이 하면서 발로 그의 정강이를 1회 걷어찼다.

Accordingly, the defendant assaulted police officers who perform legitimate duties on the prevention of crimes and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Criminal Act is the crime of damaging goods for public use in 1987, and even if there was a record of punishment as a result of obstructing the performance of official duties in 2014, the defendant again went to commit the crime recorded in the preceding criminal facts, and the execution of punishment is suspended in consideration of the circumstances such as the confession of the crime and the fact that there is no record of punishment sentenced by imprisonment without prison labor or heavier, and the execution of punishment is ordered as ordered for the prevention of recidivism and edification of recidivism.