2018 Highest 183 Performance of Official Duties

A person shall be appointed.

○○ (Lawsuits) and ○○ (Public Trial)

April 12, 2018

A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

【Criminal Records】

On May 18, 2017, the Defendant was sentenced to imprisonment with prison labor for six months in the Seoul Northern District Court, which was sentenced to two years in prison, and the said judgment became final and conclusive on the 26th of the same month, and is currently under suspended execution.

【Criminal Facts】

피고인은 2017. 12. 26. 20 : 30경 서울 ○○○ ○○○3길 ○○에 있는 ○○주점 내에서, 술값 문제로 소란을 피우다가 112신고를 받고 출동한 서울강북경찰서 ○○○지구 대 소속 경위 △△△으로부터 귀가하라는 말을 듣게 되자 " 똘아이 새끼야, 양아치, 씨발놈아. 경찰이고 좆이고, 니들 내가 내는 세금으로 월급 쳐 먹는 거 아녀. 모가지를 비틀어 버려. " 라는 등으로 욕설을 하며 양손으로 위 △△△의 가슴을 10여 차례 밀쳤 이로써 피고인은 경찰관의 신고사건처리에 관한 정당한 직무집행을 방해하였다 .

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement about △△△△△;

1. Before the judgment, each investigation report, 1. Criminal Records and other criminal records, and investigation reports (verification of the facts during the suspension period of execution of a suspect);

Application of Statutes

1. Relevant legal principles and choice of punishment concerning facts constituting a crime;

Article 136(1) of the Criminal Act, Selection of Imprisonment

The reason for sentencing is against the Defendant’s attempt to commit the instant crime. However, the Defendant did not know even during the period of suspension of execution, and committed the instant crime. It is not good that the Defendant committed an assault against the police officer, who was dispatched without paying the drinking value, and obstructed official duties.

The punishment shall be determined as per the order, comprehensively taking into account such circumstances and the defendant's age, character and conduct, motive for committing the crime, and circumstances after committing the crime.

judge Lee Jae-il.