A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

피고인은 2018. 7. 20. 02:40경 익산시 B에 있는 C경찰서 정문 앞에서, 경비 근무를 하고 있던 위 경찰서 소속 의경인 D에게 물을 달라고 하였음에도 주지 않는다는 이유로 순찰차나 구급차를 불러달라고 하면서 바닥에 드러눕고, 이에 D이 피고인을 중앙지구대로 안내하려고 하자 발로 D의 허벅지 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the guard service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E, D, and F;

1. Application of CCTV-related Acts and subordinate statutes;

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. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are deemed to lead to the instant crime by contingency, the crime is against the police subject to assault, the defendant has been punished for the same kind of crime in 2003, and there are records of being punished several times in the restaurant in the outside, and the crime of obstruction of performance of official duties is a crime detrimental to the State’s function by undermining the exercise of legitimate public authority, and the punishment is determined as ordered in light of the sentencing factors, such as the age, character and conduct, family relationship, health status, and the circumstances after the crime, etc. of obstruction of official duties.