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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
피고인은 2014. 5. 1. 05:15경 서울 서초구 B 앞 노상에서 술취한 여자들이 싸우고 있다는 112신고를 받고 출동한 서울서초경찰서 C파출소 소속 순경 D이 피고인을 말린다는 이유로, 발로 D의 복부를 2회 찼다.
Accordingly, the defendant interfered with the legitimate execution of police officers' duties.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol of partial police interrogation of the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to investigation reports (Evidence records 71 pages);
1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Article 62-2 of the Social Service Order Act / There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (decision of sentence / Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision ] The defendant