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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2020. 2. 20. 21:35경 창원시 마산합포구 B에 있는 주점에서, 손님이 상의를 벗고 가스배관 옆에 서있다는 내용의 112 신고를 받고 출동한 마산동부경찰서 C파출소 소속 경장 D이 피고인이 가스배관 옆에서 1회용 라이터를 들고 서있는 모습을 보고 이를 제지하려 하자 D의 배를 오른발로 1회 찼다.

Accordingly, 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. Each police statement made to D and E;

1. 112 reported case handling table;

1. Application of statutes on site photographs;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Death sentence by public prosecutor: Eight months of imprisonment.

4. The Defendant rendered a sentence interfered with the performance of official duties once by a police officer who restrains himself/herself from acting as if he/she did so.

The responsibility for the crime is not easy to exercise the direct force on police officers.

However, the defendant recognizes and reflects crimes.

Even if the police officer did not have any injury.

The accused shall be punished only once by a fine for a crime of alien species.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.