A defendant shall be punished by imprisonment for six 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. 11. 10. 22:50경 울산 북구 B 아파트 C동 앞 주차장에서, 피고인이 차량 밑으로 들어가려고 한다는 등의 112 신고를 받고 출동하였다가 술에 취한 피고인의 안전을 위해 피고인의 위 주거지로 데려다 준 울산중부경찰서 D파출소 소속 경찰관인 E(48세)에게 욕설을 하면서 발로 E의 오른쪽 정강이를 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of dynamic image data), field video photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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. In order to establish a state order of sentencing and eradicate the light view of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties. The Defendant’s crime of obstruction of performance of official duties in this case is disadvantageous to the Defendant, under the circumstances unfavorable to the Defendant, such as the fact that the Defendant recognized the crime of this case and divided the crimes, and that the Defendant has no criminal power exceeding the same kind of power or fine, etc., taking into account the circumstances favorable to the Defendant; however, the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc. shall be determined as ordered within the scope of recommended punishment according to the sentencing guidelines, taking into account all the circumstances revealed in