A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

피고인은 2017. 4. 5. 09:35 경 거제시 C에 있는 피고인의 거주지에서 112 신고 내용 및 경위를 확인하고자 찾아온 거제 경찰서 D 지구대 소속 순경 E가 “ 보이스 피 싱으로 인한 피해금액을 입금한 계좌를 확인 해보자” 고 말하자 술에 취해 아무런 이유 없이 “ 짭새 들아 여기서 나가라, 그건 내가 알아서 할 일이다 ”라고 욕설을 하며 왼손바닥으로 위 E의 오른쪽 뺨을 3회 때렸다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (victims' part, etc.), internal investigation report (limited to small camera images attached to clothes of a police officer in mobilization and photographs after cutting down);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to one year and four months) (the person who is subject to special sentencing] of the types of crimes obstructing the performance of public duties, which constitute a crime obstructing the performance of public duties.

3. The sentence of this case is an unfair infringement upon police officers’ legitimate performance of their official duties, and the case is not easy, but the defendant is divided while committing a crime; there is no record that the defendant was punished or sentenced in excess of the same kind of crime; the defendant's age, sexual conduct, environment, motive, means and consequence of the crime; circumstances constituting the conditions of sentencing as shown in the records and arguments, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; and the scope of recommended sentence guidelines for the sentencing established by the Sentencing Committee; and the sentencing guidelines established by the Sentencing Committee shall be determined as per the order.