A defendant shall be punished by imprisonment for not more than ten 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.

Punishment of the crime

피고인은 2016. 4. 2. 01:30 경 구미시 B에 있는 ‘C’ 주점에서, 피고인이 술을 마시고 술값을 내지 않는다는 내용의 112 신고를 받고 출동한 경북 구미 경찰서 D 지구대 순경 E이 피고인에게 술값을 지불할 것을 권유하자 “ 씨 발 새끼야, 니가 뭔 데, 내가 니 아버지뻘이다, 야 이 씨 발 새끼야 ”라고 욕설을 하면서 그곳 테이블 위에 있는 위험한 물건인 빈 맥주병을 들고 위 E의 얼굴을 향해 휘두르고, 손으로 위 E의 멱살을 잡아 흔들고 몸을 밀치고 주먹으로 얼굴을 1회 때리는 등 폭행하였다.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G statements;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to report on investigation (including site conditions, etc., attachment of photographs, site, and photograph of beer);

1. Articles 144(1) and 136(1) of the Criminal Act of the same Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering the following circumstances: (a) the observation of protection and the reason for sentencing under Article 62-2 of the Social Service Order Act: (b) the Defendant recognized the crime of this case and reflects the mistake; and (c) the Defendant did not have been punished for the same crime.

However, the crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying the exercise of legitimate public authority, and requires strict punishment in order to establish the legal order of the State and eradicate the light of the public authority. Moreover, the crime of this case is committed by assaulting a police officer called out after receiving 112 a report, such as beer and beer with a dangerous object, thereby obstructing the performance of duties by a police officer, and the nature of the crime is serious. In addition, it is revealed in the arguments of this case, such as the Defendant’s age, sexual behavior, family relationship, motive and means of the crime, and circumstances after the crime.