A defendant shall be punished by imprisonment for six 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 2014. 12. 13. 17:10경 대전 서구 관저북로 26번길 관저1동 우체국 앞 노상에서 술에 취해 운전을 하다가 교통사고를 내어 112 신고를 받고 출동한 대전서부경찰서 C지구대 소속 경위 피해자 D(48세)로부터 사고현장으로 돌아가 사고수습을 할 것을 요청받았으나 이를 계속하여 거부하면서, 피해자에게 "야 씨발 어떻게 할 것인데 왜 열받게 하는 거야, 한번 해보자는 거야 씨발놈아, 나 합기도 3단인데 한번 죽어볼래"라고 욕설을 하면서 피해자의 얼굴을 향해 주먹을 휘두르고, 발로 피해자의 배 부위를 1회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reports and maintenance of order, and at the same time, the Defendant committed a clibal situation that requires approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims of D and written statements of reference witnesses of E;

1. A written answer;

1. Application of Acts and subordinate statutes to the field photographs of a suspect assaulting a victim;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Not more than seven years of imprisonment with prison labor within the scope of punishment by law;

2. The sentencing guidelines in the application of the sentencing guidelines are not applicable to this case because they do not present separate treatment methods for the commercial concurrent crimes. However, the sentencing guidelines in the case are not applicable as they are. The scope of recommendation in the sentencing guidelines in the decision is from January to August [the crimes of obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, reduction of punishment (in the case where the degree of violence is minor)] and the crime of injury in the decision is shown