A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

피고인은 2017. 10. 12. 07:50 경 여수시 C에 있는 “D” 식당 앞 도로에서 무단 횡단을 하여 여수경찰서 E 파출소 경찰관인 경사 F로부터 신분증 제시를 요구 받자 욕설을 하였고, 다시 인적 사항을 질문 받자 이에 답한 다음, 무단 횡단 범칙금 고지서 발부를 위하여 휴대 조 회기를 사용하고 있는 위 경찰관의 오른쪽 정강이를 발로 1회 찼다.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

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 Social Service Order Criminal Act is that the nature of the crime is not weak in light of the circumstances and means of the instant crime, and the crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and requires strict punishment in order to establish national legal order and eradicate the light view of public authority, which is disadvantageous to the defendant, such as the fact that the defendant recognizes it as a substitute for his own crime, the fact that the defendant reflects his behavior, the fact that he would have caused contingent crimes while drinking, and the fact that he has no record of punishment exceeding the fine for the same kind of crime, etc. shall be considered as favorable to the defendant, and the punishment shall be determined as set forth in the Disposition by comprehensively taking into account all the sentencing conditions as shown in the instant records and the trial process, such as the defendant's age, sexual behavior, environment, motive, means and