A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

On March 23, 2018, around 21:30 on March 23, 2018, the Defendant: (a) on the street room in front of the C cafeteria located in Yangcheon-gu Seoul Metropolitan Government, and (b) 112 reported on drinking spirits; and (c) on the part of the police officers E, etc. assigned to the Seoul Yangcheon-gu Police Station D police box, the Defendant boarded the patrol car and arrived at 1032 apartment units

그런 데, 피고인은 2018. 3. 23. 22:05 경 위 F 아파트 1032 동 피고인의 집 앞 노상에서, 귀가를 권유하는 위 E에게 욕설을 하고 오른손으로 E의 뒤통수 부위를 1회 때리고, 오른발로 E의 왼쪽 종아리 부위를 1회 걷어찼다.

As such, the Defendant assaulted police officers E to interfere with legitimate performance of duties concerning the maintenance of order and crime prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the G’s written Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is not likely to be a crime of assaulting a police officer on duty without any reason.

However, in consideration of the various circumstances shown in this record and the trial process, such as the fact that the degree of violence is not severe, the fact that the person committed a contingency after drunking, and the defendant's mistake is against himself/herself, etc., the punishment shall be determined like the order.