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

피고인은 2015. 4. 19. 20:00경 안양시 동안구 학의로 20 관악아파트 118동 앞 노상에서, 음주운전 신고를 받고 출동한 안양동안경찰서 C파출소 소속 경장 D(31세)으로부터 음주 측정을 요구받자 “너, 씹새끼, 나랑 5분간 맞짱 한번 떠보자, 어린놈의 새끼가”라고 욕설을 하며 손바닥으로 D의 가슴 부위를 10회 가량 밀치고, 손으로 멱살을 잡아 흔들고, 주먹으로 가슴부분을 2~3회 때리는 등 폭행하여 경찰관의 범죄 수사에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement law to D;

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

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of recommendations: Imprisonment for not less than six months to not more than one year and four months;

(a) Type 1 of the obstruction of the performance of official duties (in the case of the obstruction of the performance of official duties/performance of official duties).

(b) No special person;

2. In light of the fact that the defendant in the decision of sentence uses violence against a police officer in the course of performing official duties, the sentence shall be determined like the order, taking into account the following factors: although the nature of the crime is not minor, the defendant has no criminal records exceeding the fine, and the defendant's age, character and conduct, and environment