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

Punishment of the crime

피고인은 2017. 5. 18. 17:35 경 울산 중구 B에 있는 병영 새마을 금고 C 지점에서 술에 취하여 위 C 지점 직원인 D(47 세) 을 주먹으로 수회 때리는 등 폭행하던 중 112 신고를 받고 출동한 울산 중부 경찰서 E 지구대 소속 경사 F(41 세 )로부터 제지를 당하자, 피해자에게 “ 야 이 개새끼야, 좆같은 새끼야, 너는 뭐하는 새끼야, 일이나 똑바로 해 씨 발 새끼야 ”라고 욕설을 하며 발로 피해자의 배 부위를 1회 걷어찼다.

As a result, the Defendant interfered with police officers' legitimate performance of official duties for handling 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on each statement protocol;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the following reasons for sentencing)

1. The basic area (from June to June 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to June) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

A favorable circumstances: A confession, reflect, or a criminal offense exceeding a fine has not been committed, and a criminal offense has not been committed after 204.

1. Unfavorable circumstances: Crimes are inferior, such as having a previous record of violence, and the direct exercise of force on police officers performing legitimate official duties, etc.