Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2015. 3. 14. 05:10경 천안시 서북구 B에 있는 ‘C’주점에서 술에 취하여 주점 업주인 D의 머리채를 잡는 등 행패를 부리다가, 112 신고를 받고 출동한 천안서북경찰서 E지구대 소속 경사 F로부터 신분증 제시를 요구 받자 “야 개새끼야, 씹새끼야 죽을래”라고 욕설을 하며 오른쪽 발로 위 F의 왼쪽 허벅지를 1회 걷어찼다.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. Article 62 (1) of the Criminal Act;
1. Reasons for the sentencing of Article 62-2 of the Criminal Act of the Order to Attend Education [Determination of Punishment] : Where the degree of obstruction of the performance of official duties is insignificant - Category 1 (Obstruction of Performance of Official Duties/Performance of Duties) - [Special Convicts] - 1 month to August / 8 [Scope of Recommendation Punishment] applicable provisions: The statutory penalty of Article 136(1) of the Criminal Act: One month to five years [Determination of Sentence] : The degree of assault, intimidation, and deceptive scheme is relatively minor; the defendant has no record of being punished by a fine or more; and the defendant is seriously against himself/herself; consideration of each of the following: