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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 5, 2020, around 02:07, at the front parking lot of the C District located in the window B of Changwon-si, the Defendant was often used to pay taxi expenses from the Gyeong-si and return home to the Gyeong-si, when the taxi driver and the si-si were requested to help the Gyeong-si, a police officer belonging to the C District, due to the problem of payment of taxi charges.
이에 피고인은 피고인의 입안에 있던 담배 연기를 경장 D에게 1회 내뿜었고, 이어 옆에 있던 C지구대 소속 경찰관인 경위 E로부터 제지를 받자 피우고 있던 불붙은 담배를 경위 E의 가슴 부위를 향해 튕겨 경위 E을 폭행하였다.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on civil petition treatment and crime prevention.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. The application of photographs and the Acts and subordinate statutes for reporting investigations;
1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime, the choice of a sentence, the choice of imprisonment (the degree of imprisonment, the nature of the crime as well as the nature of the crime, the power of punishment related to the same kind and violence, the motive
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));
1. Article 62-2 (1) of the Criminal Act on probation and community service order;