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

피고인은 2019. 11. 24. 14:35경 대전 중구 B에 있는 ‘C’ 식당 앞 노상에서, 기물을 파손한다는 112신고를 받고 출동한 대전중부경찰서 D파출소 소속 경찰관 경위 E(54세)으로부터 귀가할 것을 권유받자, “씨발놈아 개새끼야. 조금 있다 내 앞에 무릎 싹싹 빌게 해주마.”라는 등의 욕설을 하면서 발로 위 E의 왼쪽 정강이 부분을 1회 걷어차 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of 112 reported case handling lists, work log copies, and Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than five years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. Circumstances unfavorable to the Defendant: The Defendant committed the instant crime under the influence of alcohol on the street, while under the influence of alcohol.

Although some long time has passed, there are many criminal records punished for violent crimes.

Circumstances favorable to the defendant: The degree of the abusive or assault committed against the police officer is minor.

There is no record of punishment since 2013.

Recognizing the instant crime, it is against the law.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.