A defendant shall be punished by imprisonment for six months.

except that 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 2014. 12. 24. 00:35경 제주시 C아파트 나동 303호 앞에서, 집주인으로부터 술에 취해 시비를 벌이는 사람이 있다는 신고를 받고 출동한 제주동부경찰서 D지구대 소속 경찰관인 경위 E이 피고인에게 귀가하라고 말하자 “니들이 뭔데 문을 닫아. 야, 이 좆밥아”라고 말하면서 E 경위의 얼굴을 향해 주먹을 휘두르고 발로 배를 걷어찼고, 이를 말리던 경사 F의 어깨를 손으로 때리고 발로 정강이를 걷어찼다.

Accordingly, the defendant interfered with the legitimate performance of official duties of the police officers in relation to the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to E and F;

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

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Suspension of execution: The scope of recommendation and sentence [the scope of sentence of punishment of obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, obstruction of execution of basic area: June - one year and four months] on the grounds of sentencing (the sentencing conditions stipulated in Article 51 of the Criminal Act as stated in the grounds for sentencing] under Article 62 (1) of the Criminal Act and the following circumstances are determined as per the disposition in consideration of all the following circumstances: Recognizing the favorable circumstances: The act is against the recognition of the crime; the act is a direct use of force against the police officer; the act is against the police officer’s body; the degree is not easy; the act is a violation of the Punishment of Violences, etc. Act of 2007; the act of violating the Punishment of Violences, etc. Act of 2007, one year and six months after suspension of execution of sentence and one million won has been imposed due to a fine for indecent act in 2013: The age, occupation, family relation, etc. of the defendant;