A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 2020. 2. 6. 22:44경 원주시 B아파트 C호에 있는 피고인의 주거지에서, 119공동대응요청 지령을 받고 출동한 D지구대 소속 경찰관인 피해자 E(32세) 경장이 치료를 거부하며 행패를 부리는 피고인에게 ‘안방 침대에서 안정을 취하라’고 말하자 갑자기 “짭새 새끼들아, 씨발”이라고 욕하면서 안방 책상 위에 있던 위험한 물건인 4색 볼펜(길이 15cm, 두께 2cm)을 손에 들고 피해자의 얼굴을 향해 내려찍어 피해자에게 약 2주간의 치료가 필요한 코의 표재성 손상 등의 상해를 입게 하였다.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers concerning handling 112 reports, thereby causing injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Two copies of a medical certificate;

1. Application of the Act and subordinate statutes in Chapter 2 of the Investigation Report (Attachment to Corpact photographs used by the suspect for committing the crime);

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines [the range of punishment [the range of the recommended area and the range of the recommended punishment] reduced range of the punishment [the punishment] reduced range of the punishment for causing obstruction of public duties [the first category] caused by special obstruction of public duties]: Reduction range of the punishment (including the serious efforts to recover damage), imprisonment with prison labor for one year and six months to three years;

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence, the Defendant placed a visible pension of 15 cm in length to the face of a police officer who is performing a public duty, even if the Defendant interfered with the police officer’s performance of official duties.

This is a kind of damage.