A defendant shall be punished by imprisonment for 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 2015. 3. 30. 04:45경 서울 노원구 C에 있는 “D 노래연습장” 앞 노상에서, ‘남녀가 심하게 다툰다’는 112신고를 받고 현장에 출동한 서울노원경찰서 E지구대 소속 경위 F(55세)과 경위 G(44세) 등이 피해상황을 청취하기 위하여 현장 상황을 묻자 “이 새끼들 여기서 얼마나 받아 처 먹었냐, 이년하고 얼마나 붙어 먹었냐”고 하는 등 온갖 욕설을 하면서, 위 F의 멱살을 잡아 흔들고 주먹으로 위 F의 얼굴을 1회 때리고, 이를 제지하기 위하여 위 G이 다가오자 손으로 위 G의 목을 잡아 흔들고 위 G의 조끼를 잡아 흔들어 찢어버리고 발로 위 G의 정강이를 걷어찼다.

Accordingly, the Defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, F, H, and I;

1. Each statement of H and I;

1. Application of the Acts and subordinate statutes governing G damage photographs andF damage photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be limited to the case where there are many public officials who have suffered damage in the aggravated area (one year to four years of imprisonment] of the obstruction of performance of official duties.

3. The circumstances leading up to the Defendant’s decision of sentence, the method of committing the instant crime, and the fact that the Defendant has been punished four times for violent crimes, etc., are disadvantageous to the Defendant, or that the Defendant has a deep variety of and contradictory to his own crime, and that the Defendant deposited KRW 1 million with F and G on August 13, 2015, which was the prosecution of the instant case, and that the Defendant was punished as obstruction of the performance of official duties.