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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

피고인은 2015. 3. 15. 05:00경 성남시 중원구 B에 있는 ‘C식당’ 앞 노상에서 112신고를 받고 출동한 성남중원경찰서 D지구대 소속 경장인 피해자 E(34세)이 피고인을 폭행 사건의 현행범으로 체포하고 순찰차 뒷좌석에 태우려고 하자 손으로 피해자의 왼쪽 이마를 할퀴고 발로 피해자의 이마를 3회 걷어찼으며, 뒷좌석에 앉은 상태에서 운전석에 앉아 있는 피해자의 머리채를 잡아 당겼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing an act of committing an offense, and at the same time, the defendant inflicted an injury on the victim, such as the heat of the former dub requiring treatment

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a medical certificate and an investigation report;

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;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommendation (the sentencing criteria for the commercial concurrent crimes shall not apply, but the sentencing criteria for some crimes shall be referred to as the sentencing criteria for some crimes) (the sentencing criteria for the obstruction of the performance of official duties shall be determined], the sentencing criteria for the obstruction of the performance of official duties, the obstruction of the performance of official duties, and the first category [the scope of the recommendation person] [the scope of six months to one year and four months

2. Determination of sentence: A sentence shall be determined as ordered in consideration of the age, character and conduct, circumstances after crimes, etc. of the defendant, such as eight months of imprisonment, two years of suspended execution, second years of imprisonment, reflectness, and lack of the degree of injury, and anticipated to have committed contingent crimes under the influence of alcohol.