A defendant shall be punished by imprisonment for one year.

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. 2. 5. 18:40경 수원시 권선구 B아파트 512동 12층 승강기 앞에서 음주소란 신고를 받고 출동한 수원남부경찰서 C지구대 소속 경찰관인 경위 D(41세), 경장 E(31세)로부터 음주소란행위를 그만하고 주거지로 귀가하라는 말을 듣고, 술에 취하여 위 D의 멱살을 잡아 흔들고, 넘어진 피고인을 일으켜 세우는 위 E의 오른쪽 귀 부위를 발로 1회 걷어찼다.

On the other hand, the defendant continued to take away the kitchen knife (total length: 24 cm, 13 cm: : 13 cm) which is a dangerous object that was kept in the kitchen knife of the above apartment house 512, 1205, and the kitchen knife of the above D.

Accordingly, the defendant had a kitchen, which is a dangerous object, and obstructed the performance of official duties of police officers who are in lawful performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. Where the reason for the sentencing of Article 48 (1) of the Confiscation Criminal Act [Scope of Recommendation] The area of aggravation of the performance of official duties (one year to four years of imprisonment), the area of aggravation of the performance of official duties (one year to four years of coercion of official duties), [decision of sentence] the person under special circumstances [decision of sentence]: Imprisonment with prison labor for one year, suspension of execution, two years of probation, probation, order to attend lectures, and order