Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2017. 3. 24. 00:45 경 부산 수영구 황령대로 445 기영주택 A 동 앞에서, 피고인이 가족을 폭행한다는 112 신고를 받고 출동한 부산 남부 경찰서 C 지구대 소속 경위 D이 피고인을 가족들과 분리시킨 후 사건 경위를 확인하기 위해 질문을 하자, " 씹할 새끼, 돌 대가리 같은 새끼들이 뭘 안다고 남의 가정 일에 참견을 하느냐!
"Along with a high sound and drinking, the chest of the above D was made several times.
As above, the Defendant interfered with the execution of legitimate duties concerning D’s criminal investigation and 112 reported duties, which is a police official, due to violence.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to investigation reports (investigation into sound recordings);
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed against a police officer called out after receiving a report by the defendant 112 that he/she assaults his/her family. The nature of the crime is not good, despite the existence of objective evidence, the defendant does not seem to have any attitude of denying the charge as a substitute for the facts charged, and the fact that the defendant has a criminal record of violence.
However, it is more favorable to the fact that the type used by the defendant is very serious, and that the defendant does not have the same criminal record.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.
[Sentencing Criteria] - Crimes Interfering with Official Duties, Interference with Official Duties, Type 1 (Obstruction of Official Duties, etc.)