A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

피고인은 2020. 9. 1. 23:35경 창원시 마산합포구 B에 있는 C 앞에서, ‘손님이 술에 취해 택시에서 하차하지 않고 행패를 부린다’는 내용의 112신고를 받고 출동한 마산중부경찰서 D파출소 소속 경장 E으로부터 택시에서 하차하여 귀가하라는 요청을 받았으나, 술에 취해 이에 응하지 않고 위 E에게 ‘좆대로 해라, 씨발놈아’라고 욕을 하면서 발로 E의 종아리를 1회 걷어찼다.

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. Application of Acts and subordinate statutes to investigation reports on the statement of the police officer in E (the oral statement of taxi engineer);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of applicable sentences under law: One month to 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 Convict]: Where the degree of violence, intimidation and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month or eight months of imprisonment.

3. Prosecutor's opinion: Six months of imprisonment;

4. The Defendant expressed a desire and obstructed the performance of official duties by a police officer in the manner that the police officer wanted to take care of his/her will.

It is not good to commit a crime by using direct violence against police officers.

However, the defendant recognizes and reflects crimes.

The degree of violence is relatively serious.

Police officers did not have any injury.

After the prosecution, a written agreement was submitted to the effect that the victim police officer does not want to punish the defendant.

The defendant shall not be subject to the previous penalty and imprisonment.

The age, character and conduct, environment, motive, means, results, circumstances after the crime, etc. of the accused.