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

Punishment of the crime

[criminal record] On December 20, 2016, the Defendant was sentenced to one year and six months by obstructing the execution of official duties in the Daejeon District Court’s red support on December 20, 2016, and completed the execution of the above sentence on March 23, 2018.

[ 범죄사실] 피고인은 2018. 4. 17. 01:00 경 인천 남동구 C에 있는 D 앞 도로에서, 피고인이 위 D에서 무전 취식하였다는 112 신고를 받고 출동한 인천 남동경찰서 E 소속 경장인 F( 남, 37세 )에게 “ 개새끼야, 씹새끼야, 내가 뭘 잘못했는데 ”라고 욕설을 하면서 오른손으로 F의 왼쪽 뺨을 2회 때려 폭행하였다.

As a result, the Defendant interfered with the legitimate execution of duties concerning the 112 reporting handling duties as the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (Attachment of cellphone images);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of each investigation report (A), a copy of the judgment of the same kind as the suspect, and a report on the date of final release of the suspect);

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the area of aggravated punishment (one year to four years) (a person who interferes with the performance of public duties and coercion of duties] for the same type of repeated crime;

2. That the defendant who has been sentenced to a sentence is divided by mistake and does not repeat again;

There are circumstances that can be considered in favor of others such as the fact that the degree of use and the degree of tangible power.

However, the instant crime continues to be performed by a police officer on a long-time basis upon receipt of a report that he did not pay the drinking value, and ultimately interferes with public performance in the course of exercising violence. Such an offense may interfere with the establishment of legal order, prejudice the authority of the public authority, and cause waste of the police power.

The defendant shall interfere with the performance of official duties or commit violent crimes.