A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. Around 21:00 on November 7, 2019, the Defendant assaulted, without any reason, the victim D (year 55) who was seated on the entrance side of the said main shop in Daejeon Dong-dong-gu, Daejeon, on one occasion at the left side of the victim, without any reason.

2. 공무집행방해 피고인은 2019. 11. 7. 21:10경 제1항 기재 장소에서, 제1항 폭행 사건으로 112 신고를 받고 출동한 대전동부경찰서 소속 경찰관인 순경 E이 피해자에게 귀가하도록 요청하였다는 이유로 화가 나 위 E에게, “야이, 개새끼야.”라고 큰 소리로 욕설을 하면서 위 E의 하체 부분을 발로 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of statutes on site photographs;

1. Relevant Article 260(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of violence and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of obstruction of performance of official duties, which are heavier than the punishment), among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and

B. Second Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Performance of Official Duties (No. 1) / Forced performance of official duties (Special Convicts): The degree of assault, intimidation, and deceptive scheme is the degree.