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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2017. 12. 31. 00:05 경 서귀포시 C에 있는 ‘D’ 편의점 입구 앞에서, ‘ 술 취한 사람이 편의점 카운터에서 행패를 부린다’ 는 신고를 받고 출동한 서귀포 경찰서 E 지구대 소속 경찰관 경사 F, 경위 G으로부터 귀가 요청을 받자 이에 화가 나, “ 개 새 꺄, 경찰관이라서 좋겠다, 새 꺄" 라는 등 욕설을 하며 위 F의 배 부분을 몸으로 4~5 회 가량 밀치고, 얼굴을 주먹으로 1회 때려 폭행하였다.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A G statement;
1. Application of this Act and subordinate statutes to photographs of damaged parts;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the degree of assault against the police officer of this case is not somewhat weak.
However, the sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be determined by considering the fact that the defendant has no record of being punished due to interference with the execution of official duties, and that he/she reflects the fact that he/she has committed the crime.