A defendant shall be punished by imprisonment for six 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 2016. 4. 30. 00:26경 서귀포시 B에 있는 C편의점 앞 도로에서 술에 취해 그곳에 정차한 택시 조수석에 앉아 욕설을 하며 발길질을 하던 중 112 신고를 받고 현장에 출동한 서귀포경찰서 D파출소 소속 경찰관인 경위 E으로부터 하차할 것을 권유받자 “너 이 새끼 뭐야, 이 씨발놈아” 라고 욕을 하며 양손으로 위 경위 E의 가슴을 1회 밀치고 멱살을 잡으며 오른쪽 발로 경위 E의 좌측 정강이를 1회 걷어찼다.

After that, the Defendant assaulted the police officer, and was arrested as a flagrant offender committing the crime of obstruction of performance of official duties on around 00:35 the same day, and was transferred to the police box of the Seocho-gu Police Station at around 00:38 on the same day, and was transferred to the police box of the police station at around 0:38 on one occasion, and was charged with the upper part of the police box E in front of the head.

Accordingly, the defendant interfered with legitimate execution of duties such as prevention of crimes by police officers, processing of reports and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the respective Acts and subordinate statutes of E and F;

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 recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (the scope of recommendations].

2. Determination of sentence: The Defendant’s age, character and conduct, environment, means and consequence of the crime, circumstances after the crime is committed, sentencing examples in similar cases, and other various sentencing conditions indicated in the instant pleadings are considered. In particular, the following circumstances should be taken into account: (a) the crime of obstruction of performance of official duties is an offense detrimental to the State’s function by nullifying the exercise of legitimate public power; and (b) the Defendant’s body needs to be strictly punished.