A defendant shall be punished by imprisonment for four 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. 8. 8. 00:52경 청주시 서원구 C에 있는 D 할인마트에서 술에 취해 그곳 종업원에게 시비를 걸다가 신고를 받고 출동한 청주상당경찰서 E지구대 소속 경위 F으로부터 귀가할 것을 권유받자 F을 끌어안으며 “내가 뭘 잘못 하였느냐.”고 말하며 그의 옷을 잡아당기고, F으로부터 집까지 데려다 줄 테니 순찰차에 타라는 말을 듣고 순찰차를 타고 이동하던 중 청주시 서원구 구룡로에 있는 수곡11동 주민센터 앞에 이르러 집까지 걸어가겠다며 순찰차에서 내렸으나 순찰차의 문을 닫지 못하도록 잡아당기고, F이 이를 제지하자 손으로 그의 팔뚝을 꼬집었다.

Accordingly, the defendant assaulted F, a police officer, and obstructed F's performance of duties in relation to F's reporting and withdrawal.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing below) of the suspended sentence is as follows: (a) committed the same kind of crime on April 24, 2008, even though there was a history of punishment of a fine of KRW 1.5 million due to the obstruction of performance of official duties, etc.; (b) committed the crime of this case where a police officer, who performed drinking while drinking alcohol due to the her husband's association with her husband, military intervention of her child, etc. without any special reason, is divided; (c) the degree of assault does not focus on the degree of assault; (d) there is no record of criminal punishment other than the above one-time criminal offense; (e) there is no economic situation; and (e) other favorable circumstances such as taking the clothes of a police officer spent at work without any special reason; and (e) other conditions of sentencing specified in the oral proceedings of this case.