A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 2014. 2. 27. 05:00경 서울 영등포구에 있는 서울영등포경찰서 부근 홍익사거리에서, 위 경찰서 교통안전계 소속 경찰관인 피해자 순경 D, 경사 E으로부터 끼어들기를 원인으로 단속되어 위 경찰관들에게 봐달라고 요구하였는데, 위 경찰관들이 피고인의 요구를 들어주지 않자 전자스티커에 서명을 한 후 “짭새새끼들, 인정머리 없는 새끼들”이라고 욕설을 하면서, 위 D의 가슴을 밀치고, 이를 제지하러 다가온 위 E의 가슴을 밀치고 뒷머리 부위에 침을 뱉는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. The written statement of the defendant concerning 1 and D among the suspect examination protocol of the defendant by the prosecution against the defendant;

1. On the second police interrogation protocol against the defendant, the defendant's partial statement, and D's statement (the defendant and his defense counsel, after signing an electronic sicker's signature, referring to police officers D who were in front of the cab and were able to take a sicker's view, and did not assault the police officers E at all, so there was no assault or intimidation in relation to the crime of obstruction of performance of official duties. However, the evidence of the judgment below, in particular, the police officers D and E are contradictory to some after the time and place specified in the facts charged, but it cannot be found that there was a sufficient conviction of the facts charged, since the date and time specified in the facts charged, the facts charged, and the circumstances to suspect their credibility can not be found).

1. Article 136 (1) of the Criminal Act applicable to the crimes. Article 136 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;