A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On May 31, 2015, the Defendant: (a) around 21:18, the Defendant was issued a penalty payment notice to the victim F (the age of 27) who is the chief of the police station E box of the police station (the age of 27) in front of the Dju located in Ansan-si, Gyeonggi-do, where the Defendant works for the defendant in the Gu C during the period of Ansan-si

그러자 피고인은 위반사실을 인정하지 않고 현장을 벗어나기 위해 오토바이의 시동을 켠 뒤, 이를 제지하는 피해자에게 “나오라고, 뭘 쳐다 보냐!”라고 소리를 치며 위 오토바이를 운전하여 앞바퀴로 피해자의 왼쪽 발등을 밟고 지나갔다.

Accordingly, the defendant carried a dangerous object, thereby hindering the legitimate execution of duties of the victim on traffic control, and the victim suffered approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Basic area (two years to four years) of the sentencing criteria shall apply (the scope of recommending punishment).

3. Determination of sentence: Imprisonment with prison labor for two years, and suspended execution for three years, the crime of this case is committed by the defendant, which is a police officer who intends to issue a written notice of penalty, and takes part in driving on the part of the victim, which is a dangerous object such as the occurrence of the victim, and the crime is not deemed to be committed.

However, the fact that the defendant is a primary offender, the fact that the defendant is a university student of 20 years of age divided the crimes, and the age, character and behavior, environment, the motive, means and consequence of the crime of this case, and the circumstances after the crime are shown in the arguments of this case.