A defendant shall be punished by imprisonment for six months.

However, 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 2014. 8. 9. 04:30경 거제시 B에 있는 ‘C’ 주점 안에서 위 이 주점 종업원인 D와 시비를 하다가, 그 무렵 112신고를 받고 출동한 거제경찰서 E지구대 소속 순경 F이 피고인을 제지하면서 위 주점 밖으로 피고인을 데리고 나오자 화가 나, 위 F에게 “개새끼야 일로 온나”라고 말하면서 손으로 위 F의 멱살을 잡아 수 회 흔들고, 발로 위 F의 허벅지 부위를 수 회 찼다.

Accordingly, the defendant assaulted F and interfered with the police officer's legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 months to one year and four months) (special person) of the obstruction of performance of official duties. [Determination of sentence] The defendant's assaulting a police officer under the influence of alcohol to obstruct the police officer's legitimate performance of official duties should be criticized, and the corresponding punishment should also be imposed.

On the other hand, the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant that the defendant committed the crime of this case contingently, and the fact that his mistake is divided, and taking into account the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc., and taking into account various sentencing conditions in the records.