A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2015. 8. 22. 23:30경 서울 광진구 B 서울 광진경찰서 C지구대 안에서 D를 운전하는 성명불상의 택시기사를 때린 혐의로 조사를 받던 중 위 택시기사가 피고인의 처벌을 원하지 않는다고 하여 사건접수 없이 위 C 지구대 소속 경위 E, 경장 F으로부터 집으로 귀가할 것을 종용받자 “씨발 놈아 내가 세금 내는데 개새끼들아 니들이 경찰이면 다야, 씨발 새끼야 지랄하지 마.”라고 욕을 하면서 E의 낭심 부위를 발로 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on crime prevention, investigation, public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Application of statutes governing field photographs at the time;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (see, e.g., circumstances that are considered as the reason for sentencing) of the suspended sentence [the scope of recommendation] The basic area (f.i.e., the obstruction of performance of official duties) of category 1 (f., June to April) of the obstruction of performance of official duties (f.g., the decision of the sentence] [f., the sentence] of the Defendant’s previous convictions two times due to violence, and the crime of this case that interferes with the execution of official duties in the manner of abusiveing and assaulting the police officer who wears his uniform without good cause under the influence of alcohol is not good. However, the sentence is determined as per the order of suspension of the execution of imprisonment, taking into account the following various circumstances, including the fact that the Defendant reflects his mistake and has no criminal record, and the degree of the obstruction of official duties is relatively heavy.