A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2019. 10. 13. 02:05경 서귀포시 B에 있는 ‘C’라는 상호의 식당 앞 도로에서 ‘행패를 부린다’는 112신고를 받고 출동한 서귀포경찰서 D파출소 소속 경사 E으로부터 귀가를 권유받았으나 피해자에게 ‘야 이 짭새 새끼야. 여기서 돈 얼마나 받아먹었냐 ’라는 등 약 10분 동안 욕설을 하고, 재차 경사 E으로부터 귀가할 것을 권유받자 피해자의 앞으로 다가가 손가락으로 피해자의 이마 부위를 2회 밀었다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the investigation report (in the field circumstances), investigation report (in the case of the patrol box images), related photographs, investigation report (in the case of the victim E statement hearing) laws and regulations

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 (see, e.g., taking into account the favorable circumstances among the reasons for sentencing) is that the instant crime was committed with the use of violence against police officers dispatched after receiving 112 reports, and the nature of such crime is bad, and the Defendant has committed several times including a criminal record of violence and a sentence of punishment.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and the fact that the type used by the defendant is not very serious is favorable.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria - Crimes of Obstruction of Performance of Official Duties: Criminal Group of Obstruction of Performance of Official Duties, Obstruction of Performance of Official Duties, Type 1 (Compulsory Observance