A defendant shall be punished by imprisonment for one year.

However, 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 2019. 11. 5. 04:37경 서울 도봉구 쌍문역 2번 출구 앞에서, 피고인이 택시를 이용한 뒤 술에 취해 인사불성 상태라는 내용의 112 신고를 받고 출동한 서울 도봉경찰서 B지구대 소속 경위 C이 피고인을 깨워 택시비를 결제하고 귀가할 것을 권유하자, 위 경찰관에게 “씨발 짭새 새끼 꺼져”라고 욕설을 하며 위 경찰관의 얼굴에 침을 2회 뱉고 어깨와 손으로 위 경찰관의 가슴을 수회 밀치는 등 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements prepared in D;

1. Investigation report (victim D telephone communications);

1. Application of Acts and subordinate statutes of the 112 Reporting Case Handling List;

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

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act on probation and community service order, has obstructed the legitimate performance of duties by a police officer by using violence, such as spiting or spiting the face of a police officer dispatched after being reported 112.

Even though the defendant was sentenced to a fine for the obstruction of performance of official duties in the past of 2008 and around 2015, he again committed another crime of obstruction of official duties, and there is a need to strictly punish the defendant.

However, considering the fact that the defendant recognized the crime of this case and reflects the wrongness, and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, circumstances before and after the crime, and attitude at the investigative agency, the punishment as ordered shall be determined as well as the probation and community service order shall also be imposed.