A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

피고인은 2020. 3. 20. 08:10경 경산시 B 아파트 C호 피고인의 집에서, ‘집에 싸우는데 폭력 있다’는 내용의 가정폭력 112신고를 받고 출동한 경산경찰서 D지구대 소속 경위 E, 순경 F으로부터 사건 경위와 인적사항을 질문받자, 위 경위에게 "씨발놈들아 너희들 1분 이내로 우리 집에서 나가라, 경찰 개새끼들 너희들 뭐냐"라는 등의 욕설을 하며 손으로 위 경위의 멱살을 잡아 밀치고, 양손으로 가슴을 밀치고, 계속하여 위 경위의 왼쪽 어깨를 잡은 채 발로 위 경위의 정강이를 차는 등 폭행하고, 이를 위 순경이 제지하자 발로 위 순경의 오른쪽 다리를 3회 찼다.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Each internal investigation report and each investigation report;

1. Application of Acts and subordinate statutes on the list of D District Service Days and 112 reported cases;

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. Scope of applicable sentences under law: One to five years of imprisonment;

2. 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.

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: The Defendant took a bath to the police who was dispatched after receiving a report, and obstructed the performance of official duties by assaulting the police.

The degree of abusiveism and assault, which is a means to obstruct the performance of official duties, is relatively more important.