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 one year from the date this judgment becomes final and conclusive.

Criminal facts

피고인은 2017. 1. 2. 00:30 경 양산시 B 아파트 102동 2403호에서 피고인과 피고인의 배우자 간 가정 폭력 신고를 받고 출동한 경남 양산 경찰서 C 지구대 소속 순경 D로부터 사건 경위에 대하여 질문을 받자 이에 화가 나 “ 이 씨 발 놈들 아 너 거들 뭣 때문에 왔노 ”라고 욕설을 하고, 피고인의 배우자를 폭행하려 던 피고인을 위 D이 제지하자 위 D의 가슴 부위를 손으로 수회 밀치고, 머리로 위 D의 이마 부위를 1회 들이받는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes concerning subordinate statutes to police officers' photographs;

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

2. Application of the sentencing criteria [Type Determination] The basic area [Determination in the sphere of recommendation] of Type 1 (Interference with and Forced Performance of Official Duties) [Determination in the sphere of recommendation] [Scope of punishment] from six months to one year and six months [whether suspended sentence is suspended] - There are no criminal records of a stay of positive execution or more: There are no criminal records of a stay of execution or more.

3. The act of assaulting a police officer who is performing legitimate duties in the decision of sentence is not likely to commit a crime as a challenge to the state action for social safety, such as the prevention of a crime, suppression, investigation, etc., and the Defendant, upon receipt of a total of three reports due to domestic violence, sent out by the police officers, and issued warnings from the police officers at each time of dispatch, but the Defendant committed the instant crime, the Defendant’s crime was committed, the degree of interference with the performance of official duties is not somewhat weak due to the receipt of a warning from the police officers at each time of dispatch, and other factors, such as the punishment force of the Defendant (7 times a penalty).