1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, 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 2013. 10. 7. 23:10경 논산시 B에 있는 ‘C’ 앞길에서 도로에 누워 승용차의 진행을 방해하고 있던 중 신고를 받고 출동한 D지구대 소속 경사 E, 경위 F으로부터 제지를 당하자 이에 화가 나 “나 죽고 싶다, 니들이 나한테 뭘 해 줄 수 있냐, 이 씹할 놈들아”라고 소리치며 손으로 F의 멱살을 잡아당기고, F의 우측 상의 어깨 견장과 넥타이를 잡아 뜯고, 이빨로 피해자 E(남, 42세)의 좌측 종아리를 1회 깨물었다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the 112 Report Processing Affairs, and at the same time, the Defendant carried out an inspection on the left side of the subject in need of treatment for about one week.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement in the F and E;

1. Written opinions, each description of each photograph, or the application of the film law;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the most severe crime of bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment with prison labor for one month to seven years (ordinary concurrence and choice of imprisonment);

2. Sentencing criteria:

A. Each of the crimes of obstruction of the performance of official duties [Determination of types] Each of the crimes of obstruction of the performance of official duties, and Type 1 of the obstruction of the performance of official duties (the scope of recommendations] of each basic area: Imprisonment with prison labor for not less than 6 months to 1 year and April: None of the special factors

(b) Basic area of the crime of bodily injury (determination of types): Violence Crime Group, General Injury Type 1 (Recommendation Scope of General Injury): Imprisonment with prison labor for April or from January to June: Insignificant injury / Special Aggravations: obstruction of performance of official duties;

3. Determination of sentence: Imprisonment; and