A defendant shall be punished by imprisonment with prison labor for four 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 2020. 8. 21. 14:29경 충남 B에 있는 C군청 도시건축과 건축팀 사무실에서 C군청 소속 공무원인 건축팀장 D과 이웃 무허가 축사 적법화 문제로 상담을 하던 중 “법에 맞으면 우리는 적법화 허가를 내줄 수밖에 없다.”는 위 D의 말을 듣고 화가 위 D에게 “야 이 좃 같은 놈의 새끼야”라고 소리를 지르면서 오른손 주먹으로 위 D의 좌측 얼굴 부위와 목 부위를 각 1회 씩 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning administrative handling and civil petition counseling of public officials in the military office.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes governing field photographs of E;

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

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, obstructed the performance of official duties by assaulting and verbal abuse against public officials of the Military Administration.

It seems that the defendant has committed a mistake, and even though there were several penalties by the year of 2008, there was no significant penalty power, and that the damaged public official stated that the defendant did not be subject to punishment until the punishment of the defendant is imposed, considering the circumstances favorable to the defendant.

In addition, the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of crimes, circumstances after crimes, etc., shall be determined as ordered.