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 of the final judgment.

Punishment of the crime

피고인은 2014. 8. 3. 12:40경 동두천시 상패로 89 동두천경찰서 수사과 외부 출입문에서, 경장 B가 피고인에 대한 조사를 마치고 피고인을 석방하기 위해 출입문 쪽으로 피고인을 인도하던 중 B에게 “야, 이 새끼야 너 몇 살이냐!”, “너 동두천 토박이냐”라고 하며 시비를 걸어 B가 피고인에게 들어 가라고 하자 손으로 B의 배 부위를 2회 치고, B의 가슴 부위에 피고인의 머리를 들이밀며 “왜, 때려봐!”라고 하여 B가 피고인을 밀쳐내며 제지하자 B의 팔을 잡는 등 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation reports (in cases of investigation by police stations and entrance doors ctv video attachment);

1. Application of Acts and subordinate statutes on photographs of damaged parts;

1. Relevant Article 136 (1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant uses violence to police officers performing official duties, and that there is punishment power imposed by violence, etc.

However, the fact that the defendant is committed against the defendant when committing the crime, and that there is no record of being punished for obstruction of performance of official duties shall be considered as favorable circumstances, and the punishment shall be determined by considering all the sentencing conditions, including the means and results of the crime in this case, the circumstances after the crime, the age, character and conduct, family environment, etc.