A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to six months of imprisonment with prison labor or two years of suspended execution for the crime of obstruction of performance of official duties by the Suwon District Court on September 26, 2019, and was finally and conclusive on October 5, 2019, and the same criminal record was two times of suspended execution.

【Criminal Facts】

피고인은 2020. 6. 24. 22:45경 화성시 B, 2층에 있는 ‘C주점’에서, ‘취객이 있다’는 112신고를 받고 출동한 D지구대 소속 경찰관 E으로부터 귀가 권유를 받고 위 E과 함께 승강기에 탑승한 뒤 1층에서 내리려고 하던 중 갑자기 오른손으로 승강기 문을 잡은 채 승강기에서 내리는 것을 거부하여 위 E이 “엘리베이터 문이 닫혀 위험하니 나가자”라고 하자 오른발로 위 E의 정강이 부위를 2회 걷어 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. On-site photographs, damaged photographs, CCTV closure photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (written records of suspension of execution of punishment, etc.) and statutes;

1. The crime of obstructing the performance of official duties by public officials is a crime that interferes with the legitimate performance of duties by public officials and commits a crime that restricts the public authority of the State, which requires strict punishment in that the pertinent Article of the Criminal Act, the choice of punishment, and Article 136(1) of the Criminal Act.

In addition, the defendant has already been sentenced to a suspended sentence of imprisonment due to the crime of obstruction of performance of official duties on two occasions, and the crime of this case is inevitable because the crime of this case was committed during the suspended sentence period due to the crime of obstruction of performance of official duties, and the quality of

However, the defendant is recognized to commit the crime of this case, and the defendant shows an attitude against himself, such as completing alcohol treatment programs after committing the crime of this case, and the age and age of the defendant.