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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

피고인은 2020. 3. 18. 05:50 경 서울 영등포구 B 빌라 앞 노상에서 피고인의 어머니, 인근 주민들과 말 다툼을 하며 소리를 지르고, 112 신고를 받고 현장에 출동한 서울 영등포 경찰서 C 지구대 소속 경사 D가 피고인을 진정시키며 신분증 제시를 요구하자, “ 니 네 이래도 되지 아 이렇게 하는 거지 ”라고 말하며 위 경찰관의 배와 가슴을 순차로 각 1 회씩 발로 차고, 현장에 있던 경찰관들이 이를 제지하며 체포하려 하자 누워 있는 상태로 양 발로 위 경찰관의 배와 다리 부위를 수회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. The defendant's legal statements D and E in each legal statement;

1. Statement made by the police against D;

1. Application of the relevant Acts and subordinate statutes to the F and G preparations;

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

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [type determination] Crimes impeding the performance of official duties: [Type 1] No interference with the performance of official duties/no coercion [no person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, six months to one year and six months;

3. Determination of sentence: Imprisonment with prison labor for six months, and conditions unfavorable to two years in suspension of execution: Interference with the execution of public duties requires strict punishment as an offense detrimental to the functions of the State by obstructing the exercise of legitimate public authority;

The favorable circumstances are the first offense, and they are against the other.

Under the influence of alcohol, the crime of this case was committed by the defendant. Family members or relatives of the defendant also wanting to take the defendant's wife, and the social ties between the defendant and the defendant seems clear.

As above, the defendant's favorable circumstances, the age, sex, environment, motive, means and consequence of the crime.