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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2015. 1. 06. 21:55경 대구 동구 B에 있는 C식당 앞 노상에서 '손님이 행패를 부린다'는 112신고를 받고 출동한 대구동부경찰서 D지구대 소속 경사 E가 피고인이 발로 에어컨 환풍기를 차는 등 행패를 부리는 것을 보고 이를 제지하자 기분이 나쁘다는 이유로 주먹으로 위 E의 오른쪽 안면부를 1회 때리고, 발로 오른쪽 정강이를 1회 걷어찼다.
As a result, the defendant interfered with legitimate execution of duties concerning the handling of reported cases by assistant E, a police officer.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Each photograph;
1. Application of statutes to the place of service and copies of public official certificates;
1. Article 136 (1) of the Criminal Act applicable to the crime;
1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no person who has the basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (decision of sentence] The degree and degree of violence committed by the defendant, the degree that the execution of official duties was hindered, the defendant's mistake is recognized and reflected, the defendant has no record of punishment other than once the same kind of power or fine, and other circumstances such as the motive, circumstance, means and method of the crime in this case, the circumstance before and after the crime, the defendant's age, character and behavior, career, environment, etc. as shown in the argument in this case shall be determined as per the Disposition.