A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2019. 7. 4. 22:05경 안양시 만안구 B 앞길에서 주취자가 욕설을 하고 있다는 112신고를 받고 출동한 만안경찰서 C지구대 소속 경찰공무원 D가 피고인에게 집에 갈 수 있는지 걸어보라고 하자 “자지는 때릴 수 있어.”라며 위 D의 성기 부위를 발로 1회 걷어차고, 이에 위 지구대 소속 경찰공무원 E이 제지하자 위 E의 성기 부위를 발로 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on crime prevention and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. The F’s written statement [it does not appear that the Defendant, while under the influence of alcohol, stated that the situation at the time was not memory, but according to each of the above evidence, the Defendant’s ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime does not appear to have reached a weak state of ability

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (where a person assaults two public officials who perform the same duties as one of the crimes of obstruction of performance of official duties, two crimes of obstruction of official duties are established, and each of the above crimes of obstruction of official duties is deemed to have been committed in the same opportunity at the same place, and it is reasonable to evaluate each of the above crimes of obstruction of official duties as one of the crimes of obstruction of official duties as one of the crimes of social norms (see Supreme Court Decision 2009Do3505, Jun. 25, 2009).

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of the recommended sentencing guidelines according to the sentencing guidelines (the sentencing guidelines are not applied, but the sentencing guidelines are examined as reference to the sentencing guidelines) (the sentencing guidelines). The scope of the obstruction of performance of official duties (the type 1) is the area of recommendation of obstruction of performance of official duties/performance of duties.