A defendant shall be punished by imprisonment for not less than nine 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. 5. 29. 01:50경 천안시 서북구 B아파트 C동 앞길에서 술에 만취하여 자신을 귀가시키던 천안서북경찰서 D지구대 소속 경장 E이 있는 자리에서 자신의 모친인 F의 뺨을 2회 때려, 이를 본 E이 모친에 대한 폭행을 제지하자 위 E의 빰을 2회 때렸다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing victim photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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 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;

2. Consideration, such as the exercise of force by a police officer directly to a person who has rendered a decision on a sentence of punishment, being adverse to the nature of the crime, being punished by a fine once for the same crime in 2015, and having no record of crime exceeding a fine;