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 became final and conclusive.

Punishment of the crime

피고인은 2019. 5. 17. 01:00경 고양시 B에 있는 ‘C’ 모텔 앞에서, 남자가 여성을 때린다는 내용의 112신고를 받고 출동한 경기일산서부경찰서 D지구대 소속 경위 E으로부터 인적사항을 밝힐 것을 요구받자 화가 나, “니들이 뭔데 여기에 오냐, 내가 뭘 잘못했는데 니들이 와서 지랄이냐, 누가 신고를 한거냐, 씨발, 날 지금 연행하는거냐 좆같은 새끼들아.”라고 욕설을 하며 주먹으로 위 E의 가슴을 밀고 머리로 위 E의 가슴을 들이받는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation (verification of police campaigns and motion pictures);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of the performance of official duties (category 1] and the basic area of the obstruction of the performance of official duties (the scope of recommendations] and there is no person who is a special person]. The basic area of the obstruction of the performance of official duties shall be from June to June.

3. Determination of sentence: Imprisonment with prison labor for eight months and suspended execution for the crime of this case for two years, the nature of the crime is very poor to exercise a direct tangible power on the body of police officers dispatched by the defendant after receiving a report 112.

Prior to the instant case, the Defendant has been subject to criminal punishment several times, including imprisonment with prison labor, with regard to the use of violence.

However, the fact that the defendant recognized the crime of this case and reflected against the defendant shall be considered as a favorable condition to the defendant.

In addition, the records and arguments of this case, such as the age, character and conduct, family relations, motive and circumstances of the crime, and the circumstances after the crime.