A defendant shall be punished by imprisonment 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 2018. 12. 9. 00:01경 광주시 B에 있는 ‘C’ 식당에서, 피고인이 다른 손님과 싸우고 있다는 112 신고를 받고 출동한 경기광주경찰서 D파출소 소속 경사 E이 피고인을 제지한다는 이유로 “씨발놈아, 니가 뭘 도와줄꺼냐.”라는 등 큰 소리로 욕설을 하며 손으로 위 경찰관의 얼굴 부위를 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation (verification of black stuffs and on-site images);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of recommendations according to the sentencing guidelines: Imprisonment with prison labor for one month to eight months (decision of type): The obstruction of performance of official duties [No. 1] the obstruction of performance of official duties/performance of duties [Special Aggravation] the mitigation element: Where the degree of assault, intimidation, and deceptive scheme is insignificant (the scope of the recommendation field and the recommendation range] mitigation area; imprisonment for one month to eight months.

3. Determination of sentence: The sentence shall be determined as per the order, in consideration of four months of imprisonment, the fact that there is no record of punishment exceeding the same criminal records and fines for the defendant for a year of suspension of execution, the confession and reflect of the crime by the defendant, the degree of obstruction of performance of official duties in this case is not heavy, other circumstances under Article 51 of the Criminal Act, the scope of recommendations according to the sentencing guidelines, and other relevant factors;