공무집행방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Punishment of the crime
피고인은 2020. 9. 19. 07:17경 경북 칠곡군 B에 있는 C지구대 앞 노상에서, 택시기사의 ‘손님이 택시에서 일어나지 않는다’는 내용의 112 신고를 받은 경북칠곡경찰서 C지구대 소속 경장 D이 택시에서 잠이 든 채 내리지 않는 피고인을 깨워 피고인에게 귀가할 것을 권유하자, 위 경장에게 "시발 알아서 할게 개새끼야, 좆밥 새끼야"라는 등의 욕설을 하고 위 경장의 다리를 발로 차고 손으로 위 경장의 몸을 밀치고 손가락으로 위 경장의 얼굴로 찌르는 등 위 경장을 폭행하였다.
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 of statement of D - Statement of D - Investigation Report of E in the workplace E (Attachment of CCTV images at the case site);
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;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, with the reason for sentencing, took a bath and use of violence against the police officer in uniform. Such an act is highly likely to be criticized in that not only the police officer’s duty to maintain order, but also the police officer’s duty to maintain order, but also the police officer’s
However, considering the circumstances favorable to the defendant that the defendant recognized his mistake as a initial crime and reflects it, the punishment as ordered shall be determined by taking into account the following circumstances: the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances revealed in the trial process, including the circumstances after the crime.