A defendant shall be punished by imprisonment for six months.

The prosecution against remaining assault in the facts charged of this case is dismissed.

Punishment of the crime

피고인은, 2017. 5. 21. 16:05 경 서울 노원구 C 아파트 104동 309호에 있는 피고인의 주거지에서, 가정폭력 신고를 받고 출동한 서울 노원 경찰서 D 지구대 소속 순경 E이 피고인의 부모로부터 피해 진술을 듣는 것을 보고 위 E을 향해 주먹을 휘두르고, 위 E이 이를 제지하면서 피고인을 바닥에 눕히자 발로 위 E의 오른쪽 목 부위를 1회 걷어차고, 입으로 피해자의 오른쪽 발목 뒷부분을 깨물고, 계속해서 위 D 지구대 소속 경위 F이 피고인을 제지하자 심한 욕설을 하면서 위 F의 얼굴에 침을 수회 뱉고, 발로 위 F의 정강이를 수회 걷어찼다.

Accordingly, the defendant assaulted the above E and F, thereby hindering police officers from performing their legitimate duties in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Photographs;

1. A criminal investigation report (Submission of a medical certificate to victim E) (the defendant and his defense counsel had a mental, physical, or mental or physical loss by drinking alcohol and mental medicine together at the time of committing the instant crime;

The argument is asserted.

In full view of the circumstances, such as the background of the instant crime, the means and method of the instant crime, and the circumstances after the crime, which can be recognized by the records of the instant case, the fact that the Defendant was somewhat drunk at the time of committing the crime is deemed to have existed, but, further, there was no or weak situation that the Defendant did not have the ability to discern

does not appear.

Therefore, we cannot accept this part of the defendant and his defense counsel's argument.

Application of Statutes

1. Grounds for sentencing of punishment pursuant to Article 136 (1) of the Criminal Act and Article 136 of the Criminal Act concerning the facts constituting an offense;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties.

3. Determination of sentence;