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

피고인은 2019. 5. 8. 18:39경 부산 사상구 B에 있는 C 음식점에서 '아침에 행패를 부리고 간 사람이 다시 와서 행패를 부리고 있다'는 내용의 112신고를 받고 부산사상경찰서 D파출소 소속 경사 E(여, 29세)이 출동하여 피고인을 상대로 술값을 계산할 것을 종용하자, 피고인이 업주에게 지갑을 건네주었고, E이 업주로부터 지갑을 건네받아 현금을 업주에게 넘겨주고 피고인에게 지갑을 돌려주자, 지갑을 E에게 던지고 “개같은 년”이라고 욕설을 하면서 E의 얼굴을 1회 할퀴고, E을 밀쳐 바닥에 넘어지게 하고, E의 머리채를 잡아 흔들고, 오른발로 E의 오른쪽 허벅지 부분을 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F, G, and E (including H part of the police statements made to F);

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 (The following factors favorable to the accused shall be taken into account in the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Decision on sentence of sentence: Imprisonment with prison labor for eight months, suspended sentence two years, and 40 hours of an order to attend a course;

4. In light of the fact that there are several criminal records showing the origin of violence against the defendant in the reason of sentencing, and the fact that the contents of the crime as an act of violence against a police officer are poor, a serious punishment against the defendant is needed.

However, the defendant committed the crime of this case.