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

except that 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. 8. 21. 01:50경 서울 관악구 B 앞 도로에서, 별건 폭행사건으로 현행범인으로 체포되어 서울관악경찰서 C지구대 소속 경위 D 및 경장 E와 함께 순찰차 14호에 탑승하여 서울관악경찰서로 이동하던 중 흡연을 하여, 위 D이 정차 후 위 순찰차에서 내려 담배를 빼앗자 피고인도 위 순찰차에서 내리려고 하며 위 D을 향하여 머리를 들이밀고 위 D의 머리 부위를 주먹으로 1회 때리고, 이에 위 E로부터 제지를 받자 위 E의 허벅지를 부위를 발로 1회 찼다.

Accordingly, the defendant assaulted the above D and E, and interfered with the legitimate execution of duties of the police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. D Assault photographs, E bryp photographs;

1. Application of course photographs and CD-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for eight months and suspended execution for two years, if a police officer arrested a taxi engineer or a police officer dispatched to the police officer during patrol and moved the police officer to stop smoking in the train, it is not good that the police officer interfered with the performance of official duties by assaulting the police officer while flying the police officer.

However, the defendant does not have any criminal punishment, the defendant is closely reflecting the criminal act, and the defendant commits the crime of this case in a contingent manner.