A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2016. 4. 17. 01:35 경 서울 영등포구 B 앞길에서, 112 신고를 받고 출동한 서울 영등포 경찰서 C 지구대 소속 경사 D(34 세) 이 술에 취하여 잠이 든 피고인을 깨운다는 이유로 위 D에게 “야 이, 짭새 씨 발 놈들 아, 한판 뜰까 시 발 새끼야 ”라고 욕설을 하며 갑자기 왼쪽 주먹으로 위 D의 오른쪽 귀를 1회 때려 위 D의 112 신고 처리업무에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (related to hearing statements by a witness E from the other party);

1. Investigation report (including details, etc. of the use of outfits);

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties and the choice of imprisonment);

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

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment], the basic area [the scope of the recommended punishment] six months to one year and four months; and

2. Circumstances unfavorable to the determination of sentence: A punishment shall be determined as ordered by taking full account of the following circumstances: (a) the Defendant’s act of violence by force against a police officer who was under the influence of alcohol and requires strict punishment in order to establish public authority; (b) the Defendant’s act of assaulting the face of a victimized police officer to the extent that the degree of punishment is not easy; (c) the Defendant’s act of mistake is recognized; (d) the Defendant has no record of criminal punishment exceeding a fine; (c) the circumstances leading to the instant crime; (d) the extent and consequence of the Defendant’s act; (e) the circumstances leading to the instant crime; (e) the circumstances following the commission of the crime; (e) the Defendant’s past punishment; and (e) the Defendant’s age, sexual behavior; and other various circumstances serving as the conditions