A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

피고인은 2015. 7. 15. 03:30경부터 같은 날 03:55경까지 서울 영등포구 영중로 13에 있는 기업은행 앞 포장마차에서, 음식을 먹은 후 그 대금을 지불하지 않은 채 소란을 피우다가 112신고를 받고 출동한 서울영등포경찰서 C지구대 소속 순경 D으로부터 “집으로 귀가하라”는 이야기를 수회 듣자 화를 내며 “너는 뭔데 자슥아 "라고 욕설을 하면서 주먹으로 위 D의 가슴과 배를 때리는 등 폭행하여, 경찰관의 공공의 안녕과 질서유지에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. The Defendant’s assertion on the Defendant’s written statement by the police as to D was at the time of the instant case, and the Defendant asserted to the effect that he was in a mental and physical state, such as drinking alcohol and unable to separate the interest. According to the evidence duly adopted and investigated by this court, the Defendant was in a state of drinking, but the Defendant did not have the ability to discern things or make decisions due to this, even though he was in a state of drinking alcohol.

Therefore, the defendant's above assertion cannot be accepted.

Application of Statutes

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] : [the basic area of obstruction of performance of official duties] : six months to one year and four months (the person who is specially punished] / [the decision of sentence] / The defendant's age, character and conduct, criminal records, circumstances after the crime, etc. considered the degree of the assault of this case and all the sentencing conditions as shown in the oral proceedings, such as the defendant's age, character and behavior, criminal records, etc.,

It is so decided as per Disposition for the above reasons.