A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2019. 3. 15. 14:25경 서울 송파구 B빌라 앞에서, 피고인이 C를 가위로 협박하였다는 혐의로 112 신고되고 현행범인 체포되어 순찰차에 승차하게 되자 서울송파경찰서 D지구대 소속 순경 E에게 “이 씨발새끼야, 니 몇 살이야 죽여버린다”라고 욕설을 하며 오른쪽 발로 E의 왼쪽 허벅지를 1회 찼다.

Accordingly, the defendant assaulted the police officer who performs legitimate duties concerning handling 112 reports and arrest of flagrant offenders, thereby hindering the execution of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of C and F;

1. Each investigation report (No. 6,7).

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. 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;

2. Determination of sentence: The defendant has a number of criminal records of violence, and the police officer who has dealt with 112 reported cases interfered with the execution of his/her duties by exercising violence, and the responsibility for such crime is not minor;

However, the defendant recognized the crime of this case, which reflects his mistake, and the police officer does not want the punishment against the defendant, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, degree of obstruction of performance of official duties, etc. shall be determined as ordered by comprehensively taking into account various sentencing factors as shown in the arguments of this case, such as the defendant's age, character and behavior