피고인은 2015. 5. 12. 23:08경 부산 사하구 C에 있는 ‘D’ 주점 앞에서 주취자가 행패를 부린다는 112신고를 받고 출동한 부산사하경찰서 소속 E지구대 경위 F 등에게, 전날 재물손괴 혐의로 입건된 것에 대해 불만을 품고, “너희들이 어제 나를 잡아넣었나, 야, 개새끼들아, 내가 뭘 잘못했는데 수갑을 채웠나, 죽어볼래”라고 소리치며 손으로 위 F의 멱살을 잡고 흔드는 등 폭행을 가하여 경찰관의 112신고 처리업무에 관한 정당한 공무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Reasons for sentencing of Article 136(1) of the Criminal Act and Article 136(1) of the choice of punishment for the crime of this case [the scope of recommending punishment] There is no person [the person who has been specially punished] (the decision of sentence] of the obstruction of performance of official duties [the person who has been sentenced to imprisonment for one year due to the crime of injury on February 5, 2013] The crime of this case is currently under the grace period as of February 13, 2013 when the above decision became final and conclusive on February 13, 201, and the defendant who has been sentenced to a fine of two million won due to the same crime on September 7, 2011 and was dissatisfied with the suspicion of causing property damage before the same time, and thus obstructing the execution of official duties by assaulting a police officer.

However, in consideration of the fact that the defendant is against the defendant, the age, character and conduct, the environment, the motive and circumstances of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.