A defendant shall be punished by imprisonment for four 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 2019. 5. 15. 01:39경, 인천 서구 검바위로 4에 있는 검암역 2번출구 앞 차도에서 만취 상태로 서 있던 중 112신고를 출동한 인천서부경찰서 B지구대 소속 경찰관인 경사 C로부터 “무슨 일이세요 댁이 어디세요 ”라는 질문을 받자, “내가 경찰관을 때리면 공무집행방해가 되냐 "라고 말하면서 주먹으로 경찰관의 복부와 목덜미 부분을 3회 때려 112신고 처리에 관한 위 경찰관의 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (inspection of CCTV for Crime Prevention Control Center);

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

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

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. In light of the process, motive, method, etc. of committing a crime of using violence against a police officer dispatched to the police officer for the personal safety of a defendant and his/her returning home on the road under the influence of a sentence, the sentence is inferior. However, the degree of damage was relatively small due to the police officer immediately under the influence of the police officer, the police officer’s mistake was made in the course of a police investigation, and the victim police officer was subject to punishment. Considering the favorable circumstances, the defendant’s age, character and behavior, environment, circumstances after committing the crime, etc., and all other circumstances revealed in the records and arguments, including the defendant’s age, character and behavior, and the criminal records and circumstances after committing the crime, etc., the sentence is determined as ordered within the scope of the