A defendant shall be punished by imprisonment for not less than three 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

On September 5, 2016, the Defendant drinked alcoholic beverages together in a cafeteria with the trade name “D” located in the Chungcheongbuk-gun C around 19:20 on September 5, 2016.

E and restaurant operators assault E and restaurant operators F.

피고 인은 위와 같은 행위로 112 신고를 받고 출동한 충북 옥천 경찰서 G 지구대 소속 경 사인 피해자 H(44 세 )으로부터 사건 경위 등에 관한 질문을 받던 중 다시 F에게 접근하려 다가 피해 자로부터 제지 당하자 손으로 피해자의 왼쪽 목 부위를 잡아 흔들고, 왼쪽 어깨를 잡아 흔들며, 오른손 손목 부분을 잡아당기고, 발로 피해자의 왼발 복숭아 뼈 부위를 2회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases, and at the same time, the Defendant was sponsed on the bridges that require medical treatment for about seven days between the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, F, and E;

1. A medical certificate;

1. Obstruction of performance of official duties and application of Acts and subordinate statutes related to violence;

1. Article 257 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury).

3. Selection of sentence of alternative imprisonment;

4. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The sentencing criteria cannot be applied as they are, since the crime of referring to the reference of the sentencing criteria and the crime of obstructing the performance of official duties are in an ordinary competition relationship, and the sentencing criteria do not present a separate processing method against the ordinary concurrent crimes.

However, the sentencing guidelines should be applied to the injury crime subject to punishment as reference materials for proper sentencing, and the scope of the recommended punishment should be considered.

[Determination of Type 1 (Special Sentencing) as a general injury to violent crimes: In the case of interference with the execution of official duties, reduction factors: In the case of interference with the execution of official duties, minor injury treatment period is less than 2 weeks, and injury is committed.