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

1. 폭행 피고인은 2014. 8. 23. 01:38경 의정부시 B에 있는 C편의점 앞 노상에서, 피해자 D(21세)이 담배를 피운다는 이유로 근처 유리병 보관함에서 소주병 2개를 꺼내 양손에 쥔 채 시비를 걸고, 피해자를 밀어 넘어뜨려 피해자를 폭행하였다.

2. On the grounds of the preceding paragraph at around 02:10 on August 23, 2014, the Defendant: (a) arrested as an offender in the act of committing an act of committing an act of committing an offense; and (b) committed assault at all times by asking the police officer’s right arms to the border F, a police officer who takes a bath to and restrains the police officer from doing so.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D and G;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Performance of Official Duties and there is no basic area (6-1-1-4 months), basic area (6-1-6 months) of the obstruction of performance of official duties. [Determination of sentence] The defendant committed each of the crimes of this case under the influence of alcohol, and the degree of damage is not easy in relation to the crime committed against police officers, and the defendant does not have the same criminal power. Thus, the defendant is to choose imprisonment without prison labor

However, the court decided to suspend the execution, taking into account the circumstances such as the Defendant’s confessioning of the instant crime and having no record of being sentenced to a suspended sentence or heavier punishment. Other circumstances that form the conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, character and conduct, the background and motive leading to the instant crime, and the circumstances before and after the instant crime.