공무집행방해
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
피고인은 2020. 4. 11. 21:10경 김해시 B에 있는 피고인의 처가 운영하는 ‘C’ 식당 앞에서, ‘술 먹고 행패를 부린다.’라는 내용의 112 신고를 받고 현장에 출동한 김해중부경찰서 D지구대 소속 경사 E이 사건 경위를 묻자 "개새끼, 씨발놈아" 등의 욕설을 하면서 주먹으로 E의 가슴 부위를 3회 때리고, 발로 E의 오른쪽 허벅지를 2회 찼다.
Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to investigative reports (as to statements made to suspects' daughters);
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The police officer E, who was dispatched after receiving a report on the reason of sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence, tried to confirm the circumstances of the case, such as the reason why the police officer failed to go to family
However, the Defendant, who had been in the state of the State, committed the instant crime, disregarding public authority by exercising a direct tangible power on E’s body while intending to perform his duties properly to E.
In light of the details and contents of the instant crime and the degree of obstruction of performance of official duties due to the instant crime, the quality of the crime is not good.
However, in light of the fact that the defendant recognized the crime of this case and reflects the wrong, the defendant seems to have caused death to E and sought a letter of apology, the defendant has no record of criminal punishment, the defendant is under regular air cancer treatment, etc., the defendant's family members wanting the defendant's wife, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order.