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 becomes final and conclusive.

Punishment of the crime

피고인은 2018. 11. 29. 03:40경 대구광역시 동구 B 소재 자신의 주거지에서 술에 취해 부친과 말다툼을 하던 중 ‘아빠와 오빠가 싸운다’는 내용의 피고인의 여동생의 112 신고를 받고 출동한 대구동부경찰서 C지구대 소속 경위 D이 피고인을 제지하자, 위 D의 팔을 잡아 넘어뜨리고, 오른손 팔목 부분을 깨물고, 발로 그의 좌측 머리 부위를 2회 가량 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of a field police officer);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (six to one year and six months) of the obstruction of performance of official duties (decision of sentence] [decision of sentence] The sentence of imprisonment, two years after suspension of execution, and the following circumstances, such as the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the various conditions of sentencing as shown in the argument of this case, shall be determined as ordered by taking into account the following circumstances.

A disadvantageous condition: A crime that interferes with a police officer's legitimate execution of his duties, and the quality of such crime is not less severe in light of the attitude of such act.

The favorable circumstances: there is no record of criminal punishment exceeding the fine for the defendant.

Defendant is led to confession and reflect.