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. 6. 7. 00:25경 성남시 수정구 C에 있는 ‘D’ 식당에서, 동거녀 E과 술을 마시면서 말다툼하다가 다른 테이블 손님과 시비를 하여 업주의 만류로 밖으로 나온 다음, 위 식당 맞은편에 있는 F 골목에서 동거녀와 계속 말다툼하던 중, 행패ㆍ소란 112신고를 접수하고 현장에 도착한 성남수정경찰서 G파출소 소속 경장 H로부터 “무슨 일 때문에 싸우시는가요”라는 말을 듣자, H에게 “씹새끼야 꺼져라 짭새야, 꺼져라, 내일에 신경 쓰지 마라“라고 욕설하면서 손으로 H의 가슴을 때리고, H의 근무복 상의 왼쪽에 부착된 계급장 견장을 손으로 잡아 뜯는 등 폭행을 가하여, 경찰공무원인 H의 112신고업무 처리에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Each investigation report (with respect to admission to a detention room, telephone communications in a place of business of a cafeteria).

1. Application of each statute on photographs;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order has already been sentenced to a fine twice or more due to insult, assault, etc. of a police officer, and the Defendant committed the instant crime. The degree and content of the obstruction of performance of official duties of this case is not good, and there is a need for strict punishment against the Defendant.

On the other hand, there is no record of punishment exceeding a fine for the last ten years, the family (a person who was living together), and the branch of the defendant's wife in favor of the defendant, such as the fact that the defendant's mistake is recognized and seriously against the defendant, that 500,000 won was deposited for the damaged police officer, that there was no record of punishment exceeding a fine for the last ten years, that the family (a person living together, her mother) and the branch want the defendant's wife in a simple manner, and