Text
A defendant shall be punished by imprisonment for not less than eight 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. 4. 8. 03:53 경 구미시 B에 있는 C 주점 앞 노상에서, ‘ 손님이 술에 취해 들어와 행패를 부리고 영업 방해를 한다’ 는 내용의 112 신고를 받고 출동한 구미 경찰서 D 파출소 소속 순경 E로부터 ‘ 술을 많이 드신 것 같은데 귀가 하세요’ 라는 말을 듣고 위 E 등에게 ‘ 씨 발 것, 개새끼들아! 집에 가 긴 뭘 가, 니들 이러다가 다 뒤진다.
No. 1 Maz.
In doing the bath, “A” means that the chest part of the chest of the above E is pushed down by 2 to 3 times on the chest, the Gap himself means that the above E goes home, and when he solicits the Defendant to go home, he saw the above E as “I will not grow up”, and he was pushed off the chest part of the above E by hand.
Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement;
1. The 112 reported case handling table and place of service;
1. Application of Acts and subordinate statutes for reporting internal accidents;
1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (from June to one year and six months) (the person subject to special sentencing) [decision of sentence] need to be able to engage in light of the public authority’s landscape; further, considering the fact that the Defendant committed the instant crime even though he/she was under the suspension period of execution due to the same kind of crime, it is necessary to strictly punish the Defendant.
However, the punishment shall be determined as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime and circumstances after the crime.