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

피고인은 2018. 8. 1. 18:20경 이천시 B주차장에서, 술마신 남자가 행패를 부린다는 112신고를 받고 현장에 출동한 경기이천경찰서 소속 경위 C, 순경 D으로부터 귀가를 요구받자 순찰차 운전석 문을 잡고 “씨발놈들아 똑바로 해라. 이 개새끼들아. 죽여버린다. 이 씨발놈들아, 짭새새끼들아.”라고 말하여 협박하고, 공무집행방해죄의 현행범인으로 체포되어 경기 이천시 E에 있는 F파출소로 인치된 후 순경 D으로부터 확인서에 서명할 것을 요구받자 오른발로 D의 오른쪽 허벅지를 걷어차 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in regard to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. A detailed statement on handling 112 reported cases;

1. Application of video CDs and photographs statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) 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. Determination of sentence: The defendant, six months (two years of suspended sentence) under the influence of alcohol, expressed a desire to engage in legitimate performance of official duties to police officers, and assault them. This is not only an act of causing physical and mental pain to the victimized police officers, but also an act of undermining the morale of police officers in charge of the safety of citizens and the maintenance of order, and thus infringing their authority, it is necessary to prevent their recurrence through appropriate punishment.

However, the defendant's assault and threat level was not severe.