Text
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.
Reasons
Punishment of the crime
피고인은 2014. 11. 2. 20:55경 인천 동구 C에 있는 'D'에서 112신고를 받고 출동한 인천중부경찰서 E파출소 소속 경찰관인 F 순경이 피고인의 일행이 G에게 신고경위 등을 설명하는 것을 보고 갑자기 F 순경에게 욕설을 하면서 발로 F 순경의 오른쪽 옆구리를 1회 걷어찼다.
Accordingly, the defendant interfered with legitimate execution of duties on the handling of 112 reports by police officers and the maintenance of public order.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol of statement to F;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of the performance of official duties (the obstruction of the performance of official duties) (the scope of the sentence for recommendation];
2. Determination of sentence of this case recognizes the crime of this case and reflects the fact that the defendant has no record of the crime of suspended execution or more, the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc. shall be determined as ordered.