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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 31, 2020, at around 01:40, the Defendant continued to comply with C’s request for returning home from Korea-U.S. C, who completed a meeting with the company’s fellow-gu, Changwon-si, Changwon-si B, and without any reason, continued to comply with C’s face at least two to three times while waiting.

피고인은 같은 날 01:44 경 위 한의원 앞에서 “2 명이 싸움을 하고 있다” 라는 112 신고를 받고 출동한 마산 동부 경찰서 D 파출소 소속 순경 E으로부터 사건 경위에 관한 질문을 받았음에도 계속하여 C를 폭행하려 하여 E으로부터 이를 제지 받자 화가 나 “야 이 씹할 놈 아, 느거는 뭐꼬, 좆같은 새끼들” 이라고 욕설하며 손으로 E의 목을 치고, 손등에 멍이 들도록 E의 손등을 할퀴고 꼬집어 폭행하였다.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes of the investigation report (including evidence list Nos. 6 and photographs attached thereto);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders and Order to attend lectures;

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

2. Scope of the recommended punishment according to the sentencing guidelines / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties / [No person subject to special sentencing] [the territory of recommendations and the scope of the recommended punishment] basic area, six months through one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, and conditions unfavorable to a suspended sentence for two years: The records of the instant case, such as the age, sex, environment, family relationship, health conditions of the Defendant, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.