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

피고인은 2019. 10. 10. 03:15경 의정부시 B 앞 도로에서, 택시기사를 폭행하고 있다는 112 신고를 받고 출동한 경기의정부경찰서 C지구대 소속 경장 D로부터 신분증 제시를 요구받자 위 D를 향해 “경찰관, 짭새 새끼야, 씹할 놈!”이라고 욕설을 하면서 주먹으로 D의 가슴을 1회 때리고, 현행범인체포 되어 의정부 E에 있는 경기의정부경찰서 F지구대에 도착한 후 위 D의 낭심 부위를 1회 걷어차고, 위 지구대에 들어가 D에게 “죽여 버린다, 목을 따 버린다!”라고 소리치며 D의 발목을 1회 걷어차는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement with respect to D, G, H and I;

1. Application of the relevant Acts and subordinate statutes on photographic materials;

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;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing as shown in the instant pleadings, including the following circumstances and Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The nature of the crime is not good in light of the circumstances, contents, and methods of the crime of this case.

The defendant has been punished for a crime of the same kind in 2015.

In order to establish public authority and protect legal order, crimes that interfere with legitimate performance of public duties need to be punished strictly.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.