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 2020. 5. 31. 16:50경 부산 남구 B에 있는 'C' 식당에서, 피고인이 술에 취해 행패를 부린다는 112 신고를 받고 출동한 부산남부경찰서 D지구대 소속 경사 E이 피고인을 제지하면서 귀가를 요구하자, 위 E에게 “씨발 새끼들아, 짭새 개새끼들아, 내 옛날에 권투했다, 걸리면 죽이뿐다.”라고 욕설과 폭언을 하면서 위 E의 왼쪽 손목을 강하게 잡아당겨 시계줄이 끊어지게 하고, 계속하여 머리로 위 E의 가슴부위를 1회 들이받아 폭행하였다.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. The application of the F’s written investigation report and investigation report (in relation to the attachment of cell phone images on the face of a criminal offense) to statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of type] The obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and recommendation] there is no person who has been forced to perform his/her duties] (the scope of the recommended area and recommendation] basic area, six months to one year and six months [the general person who has been sentenced to suspension of execution] [the grounds for suspension of execution of punishment] - The reasons for general pride: The serious reflective nature

3. Determination of sentence: The sentence shall be determined as per the order, comprehensively taking into account the following various sentencing conditions: imprisonment with prison labor for six months, suspension of execution for two years, and the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence of the instant crime, and all of the sentencing factors in the trial process, including the circumstances after the crime, etc.

The favorable sentencing condition: the defendant seems to have recognized and reflected the crime of this case, and the suspension of the execution of imprisonment.