A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 피고인은 2018. 8. 8. 03:50 경 인천 미추홀구 B 앞길에서, 피고인이 택시기사에게 행패를 부린다는 취지의 112 신고를 받고 출동한 인천 미추홀경찰서 C 지구대 경장 D으로부터 귀가를 권유 당하자 아무런 이유 없이 오른발로 피해자의 왼쪽 허벅지를 2회 걷어찼다.

As a result, the defendant interfered with the legitimate execution of duties concerning the protection of police officers' lives, bodies and properties.

2. After the Defendant was arrested as the current offender who interfered with the above performance of official duties on the same day, the Defendant was transferred to the office of criminal watch of the Incheon Michuhol Police Station No. 32 Incheon Michuhol-ro, 290 on the same day from around 05:10 on the same day.

Around 06:35 of the same day, the Defendant spits down the f head on the floor and 30 minutes of the fat, such as spits, spits, sound on the floor of the above fat, and fats the head of the F at one time by drinking that the above E Team Assistant F of the police station unfolded the Defendant’s lock.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and F;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years and not more than six months;

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

(a) Basic crimes and concurrent crimes (a). Crimes obstructing the performance of official duties, obstructing the performance of official duties, and Type 1 (Interference with and Compelling the performance of official duties) [Scope of recommended punishment] Imprisonment with prison labor for up to six months from one year and six months (basic area);

B. The standards for handling multiple crimes: 6 months to 2 years of imprisonment (the lower limit is 6 months, which is the lower limit of the scope of sentence for basic crimes, and the upper limit is 1 year and 6 months, which is the upper limit of the scope of sentence for basic crimes.