A defendant shall be punished by imprisonment with prison labor for up to six 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 2015. 1. 25. 20:50경 거제시 C에 있는 ‘D’ 주점에서 술을 마시면서 업주의 제지에도 불구하고 여자 손님과 여종업원 등에게 춤을 추자며 손목을 잡는 등 소란을 피우다가 신고를 받고 출동한 거제경찰서 E지구대 소속 경사 F(35세)가 신고 내용을 확인하자 동인에게 “경찰관이 여기 왜 왔노. 내가 뭘 잘못 했는데, 내가 무슨 영업방해를 해 이 새끼야.”라고 욕설을 하면서 주먹으로 위 F의 가슴부위를 2회 때리는 방법으로 폭행하여 범죄의 예방 및 진압에 관한 경찰공무원의 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. Each police statement concerning G and F;

1. The 112 Report Processing Manual and CD evidence recording materials [the defendant and his defense counsel met the above drinking at the above main point, but the police officer was unable to take the lock, and the defendant did not commit the crime of obstruction of performance of official duties because he did not assault the police officer at all. However, according to each of the above evidence, the defendant asserted that ① under the influence of alcohol, the defendant was under the influence of alcohol, thereby interfering with the main business of the defendant, and ② even though the defendant was requested to return home to the defendant, the defendant rejected the request, ③ thereafter, the defendant reported at the main point to 112, and the police officer dispatched to the main point upon receiving a report to the main point, requested that the defendant "I am proper because he did so." However, it is sufficiently recognized that the defendant interfered with the police officer's operation of official duties."