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 this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2019. 12. 18. 21:10경 서울 광진구 B, C호에서 ‘살려 달라’는 내용의 112신고를 받고 출동한 서울광진경찰서 D파출소 소속 경장 E이, 피고인이 딸 F에게 욕을 하면서 옷을 바닥에 던지는 것을 보고 이를 제지하려고 하자 “꺼져, 씨발, 꺼져.”라고 욕을 하면서 팔로 E의 등을 2회 치고, 위 F이 이를 말리려고 하자 흥분하여 책상 위에 있던 항아리를 손으로 집어 휘두르려 하고, E이 재차 이를 제지하려고 하자 발로 E의 복부를 1회 찼다.

On the other hand, it was arrested as a flagrant offender in the crime of obstruction of performance of official duties, moved the patrol lane, and assaulted the above E's left shoulder on two occasions, and attempted to wear the E's hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. 112 reported case handling table;

1. Application of investigation report (case of confirmation of cell phone image on the face of violence)-related Acts and subordinate statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] The obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and recommendation] there is no person who has been forced to perform his/her duties] (the scope of the recommended area and recommendation] basic area, six months to one year and six months [the general person who has been sentenced to suspension of execution] [the grounds for suspension of execution of punishment] - The reasons for general pride: The serious reflective area.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;