A defendant shall be punished by imprisonment for six months.

except that 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 2018. 12. 27. 02:40경 충북 보은군 B에 있는 C미용실에서 폭행신고를 받고 출동한 보은경찰서 D파출소 소속 경위인 피해자 E(48세)에게 술에 취하여 뚜렷한 이유 없이 “뭘 꼬라보냐 씹할 놈아, 힘으로 한 번 해볼래 씹할 놈아, 씹할 새끼 죽여 버린다.”라고 욕설을 하면서 양손으로 피해자의 멱살을 잡고 밀어 피해자의 머리와 허리 부위를 냉장고 모서리에 부딪히게 하고, 계속하여 위 C미용실 밖으로 나와 피해자에게 “씹할 놈아 내가 너는 끝까지 쫓아가 눈깔을 파버린다.”라고 협박하였다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the processing of 112 Reports, and at the same time, the Defendant inflicted on the victim about seven days of medical treatment such as impairment of the character of head and other parts that require medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of the legislation in its opinion;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. In full view of all the circumstances, including the following: (a) recognition of the crime of sentencing under Article 62(1) of the Criminal Act and the fact that the victim is not subject to the punishment of the defendant; (b) the age, character and behavior; (c) motive of the crime; (d) the content and degree of damage of the defendant’s tangible power exercised by the defendant; (c) the necessity of strict punishment for the crime of obstruction of performance of official duties; and (d) the criminal record of the defendant’s past criminal punishment