공무집행방해
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Criminal facts
피고인은 2017. 3. 26. 02:17 경 울산 남구 B에 있는 C 병원 1 층 응급실 원무과 사무실 앞에서, D 근무 자인 울산 남부 경찰서 소속 경사 E로부터 가족에게 연락하여 함께 귀가할 것을 요구 받자, 위 E에게 “ 야 니는 뭐꼬 ”라고 말하면서 손바닥으로 위 E의 우측 뺨을 1회 때려 폭행하였다.
As a result, the Defendant interfered with legitimate execution of duties related to the maintenance of order, such as the protection of police officers' shelter.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement of F and G;
1. Application of Acts and subordinate statutes to transfer DNA and photographs on the scene of damage;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the reasons for the sentencing of Article 62(1) of the Act on the Suspension of Execution of Official Duties] The basic area [the scope of the recommendation] [the scope of the punishment] six months] to one year and six months] of the basic area / [the suspension of execution] - there are no criminal records of the suspension of execution or more positive factors (the decision of the sentence] / there were no criminal records of the suspension of execution or more (the decision of the sentence] not only interfered with the police officer's duties by assaulting the police officer working in the deep night emergency room of the defendant, but also interfered with the officer's duties in the emergency room of the hospital, and there was no way to take into account the motive. In particular, the degree of interference with the execution of official duties by assaulting the police officer who tried to return home for himself under the influence of alcohol, and in particular, in light of the fact that the defendant was sentenced to a fine in violation of the Traffic Act in 2006 after being sentenced to a fine after the last sentence.