A defendant shall be punished by imprisonment for not less than eight months.

However, 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 2019. 12. 25. 00:22경 경남 거창군 B에 있는 ‘C' 주점 내에서 술값 시비 등으로 다툼을 하던 중 112 신고를 받고 현장에 출동한 거창경찰서 D지구대 소속 경장 E으로부터 “술값을 지급하고 귀가하십시오”라는 말을 듣자, E에게 “나는 잘못한 것이 없다, 씨발놈의 새끼야”라고 욕설을 하며 오른손으로 E의 멱살을 1회 잡아 밀치고, 발로 E의 다리를 1회 걷어찼다.

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. Statement to E by the police;

1. Application of Acts and subordinate statutes to the F Statements;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The crime of this case by which the defendant was called out after receiving 112 report when he did not pay the drinking value, and the nature of the crime is bad, and there are no circumstances to consider the circumstances leading to the crime.

In addition, the defendant has been punished several times for violent crimes as well as being sentenced to a suspended sentence of two years in August for each crime of injury in 2007 and 2012.

However, the fact that the defendant recognized the crime of this case, and the degree of violence or obstruction of performance of official duties is not much serious, etc. shall be considered as favorable circumstances to the defendant, and the age, character and conduct and environment of the defendant, and the motive and background of the crime.