A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 28, 2017, around 01:09, the Defendant used ‘D' front vehicular road located in Seocheon-si C, Seocheon-si, and ' woman'.

' 라는 112 신고를 받고 출동한 부천 원미 경찰서 E 지구대 소속 경장 F이 차도에 위험하게 누워 있는 피고인을 깨우려고 하자, 술에 취한 상태에서 욕설을 하며 위 경장 F의 오른쪽 어깨 부위를 왼쪽 발로 걷어찼다.

계속해서 피고인은 차도에서 인도로 이동 조치되는 과정에서 수차례 발버둥을 치며 발로 위 경장 F의 몸통 부위를 걷어찼고, 왼쪽 허벅지를 물려고 하는 등 폭행하였다.

As a result, the defendant assaulted the above police officer F and interfered with the police officer's legitimate execution of duties concerning the 112 report processing and the protective measures for the main police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A criminal investigation report (on-site image analysis), and a criminal investigation report (verification of images taken by police officers);

1. 112 Reporting case handling table;

1. Work log and application of Acts and subordinate statutes governing the increase of public officials;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] interference with the performance of official duties, and there is no person [the person who has been subject to special sentencing] in the basic area (6 months to 1 year and 6 months] [the decision of sentencing] [the person who has been subject to special sentencing]. The defendant exercised violence against a police officer who has performed legitimate performance of official duties. The circumstances favorable to the fact that the crime is not good: recognizing and against mistake: the first offender's motive and background of the crime, degree of interference with the performance of official duties, circumstances after the crime, etc., and various kinds of sentencing conditions shown in the theory of changes, such as records and changes, shall be determined as the order.