A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

피고인은 2014. 4. 2. 13:20경 성남시 수정구 C 지층에 있는 피고인의 주거지에서, 동생 D에 대한 폭행 신고를 받고 그곳에 출동한 성남수정경찰서 E지구대 소속 경찰관 F이 사건경위를 물어보자 화가 나, “씹할 개새끼들아! 니들은 뭐야 개새끼야! 꺼져, 좆만한 새끼” 등의 욕설을 하면서 F의 멱살을 잡아 흔들고 다리를 걸어 넘어뜨리려고 하고, 계속하여 이를 말리는 같은 지구대 소속 경찰관 G에게 “씹 할 놈들아! 니들 마음대로 해! 개새끼야, 꺼져! 좆같은 새끼들” 등의 욕설을 하면서 G의 허벅지를 발로 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of public order of F and G, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H (including the portion of the statement made D);

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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 (see, e.g., Reasons for sentencing)

1. In the case of sentencing under Article 62-2 of the Criminal Act for the reason of sentencing, the case is based on a comprehensive consideration of the following circumstances: (a) the Defendant’s act of assaulting a dynamics who have difficulty in body and committed an assault to a police officer dispatched without any particular reason, and the nature of the offense is not good; and (b) considering the social harm of the crime of obstructing the performance of official duties, there is no need to strictly punish the Defendant; (c) on the other hand, there is no history of punishment other than the minor criminal record of the fine; and (d) other favorable circumstances such as the circumstance leading up to the instant crime, the Defendant’s age, character and conduct, environment, family relationship, and the period of detention pending trial.