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 2016. 7. 24. 02:40경 거제시 옥수로2길 장승포시외버스터미널 앞 노상에서 폭행 관련 112신고를 받고 출동한 거제경찰서 B지구대 소속 경사 C이 피고인에게 인적사항을 물어보자 별다른 이유 없이 인도 옆에 놓여있던 쓰레기와 종이상자 등을 걷어찼고, 이에 C이 제지하자 고함을 지르며 오른손으로 C의 목 부위를 1회 때렸다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

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. The scope of the recommended sentence according to the sentencing guidelines of the Supreme Court [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. Determination of sentence - Determination of favorable circumstances: The degree of violence seems not to be severe; the defendant appears to be a contingency crime in many drinkings; the defendant deposited one million won for the victimized police officers; and the defendant seems to reflect in depth his mistake;

(k) Unfavorable circumstances: The nature of the crime of this case, which assaulted a police officer who has suffered a static danger, is not good, and there is a record of being fined for the same crime.

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, shall be taken into consideration to determine the sentence against the Defendant, and the community service order shall be added with reflective and sexual reflection.