A defendant shall be punished by imprisonment for six months.

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 2018. 12. 22. 02:40경 부천시 B건물 앞길에서, 주취자가 소란을 피운다는 112신고를 받고 출동한 부천원미경찰서 C지구대 소속 경장 D(37세) 등 경찰관들이 피고인의 친동생 E에 대한 폭행행위를 제지하자, “야이, 씨발 새끼들아 뒈지기 싫으면 꺼져”라고 욕설을 하면서 위 D의 얼굴에 가래침을 뱉고 발로 D의 발목을 걷어찼다.

Accordingly, the defendant assaulted police officers D and interfered with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of F and G;

1. Each police investigation report;

1. Application of Acts and subordinate statutes to a copy of work place;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [decision of type] of the obstruction of the performance of official duties [Type 1]/ No person shall be subject to the obstruction of the performance of official duties [the scope of recommended and recommended punishment] (the scope of recommendation field and recommended punishment] basic area, six months to one year and six months [no person who is a general person] [the grounds for suspension of execution of punishment].

3. Determination of sentence: Imprisonment with prison labor for six months, or two years under a suspended sentence, this case shall be a police officer who misleads the defendant to take advantage of and assaults him/her, and the crime shall be considered as bad;

It is necessary to severely punish the obstruction of performance of official duties as an act impeding the legitimate exercise of public authority and impeding the function of the state's legal order.

However, the fact that the defendant recognizes his mistake and reflects his depth, that the defendant's family members and supporters appeal the preference, that the defendant has no record of punishment more than a suspended sentence, and since 2011.