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.

Punishment of the crime

피고인은 2015. 4. 8. 21:45경 의정부시 B에 있는 C가 운영하는 ‘D’이라는 상호의 주점에서, C와 그곳에 있던 손님들에게 욕설하며 소란을 피우던 중 112신고를 받고 출동한 의정부경찰서 E지구대 소속 경찰관 피해자 F으로부터 집으로 귀가할 것을 권유받자, 피해자에게 “야 이 개새끼야! 내가 너만 한 아들이 있어. 씨발새끼야”라고 욕설을 하면서 피해자의 멱살을 잡아 흔들고 피해자가 입고 있는 점퍼의 좌측 견장 부분을 잡아 뜯고, 이에 피해자가 피의자를 현행범으로 체포하려고 피고인을 제압하여 바닥에 넘어뜨리자, “야 이 개새끼야, 좆 같은 새끼야 놔”라고 큰 소리로 욕설하며 피해자의 다리를 수회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the arrest of flagrant offenders, and at the same time, the Defendant inflicted an injury on the victim, such as salt pans, tensions, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of C and G;

1. Statement of opinion;

1. Application of statutes on photographs of damage;

1. Article 136 (1) and Article 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

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

1. The scope of the final sentence due to the aggravation of multiple crimes on the grounds of the sentencing of Article 62-2 of the Social Service Order Act [the scope of the punishment of recommending] general injury [the scope of the punishment of recommending] and the aggravated area (6-2 years) of Part I (the general injury] [the scope of the punishment of obstructing the performance of official duties] / the basic area (6-1 year and four months) of the punishment of obstructing the performance of official duties (the scope of the punishment of recommending the performance of official duties] / the basic area (6-1 year and four months): The range of the final sentence according to the aggravation of the punishment of multiple crimes: the sentenced punishment of six to two years and eight months: the sentenced punishment of six months [the decision of recommending the sentence], the suspension of the execution of two years, community service work hours at a disadvantage of 80 hours.