A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

[Criminal Power] On June 11, 2019, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment with prison labor for the crime of assault at the Youngcheon District Court’s Young-gu branch on April 11, 201, and the judgment was finalized on June 19, 2019.

【Criminal Facts】

피고인은 2019. 11. 16. 16:16경 강원 정선군 B아파트 C호 피고인의 집에서, ‘내가 친구를 팼는데 숨을 쉬지 않는다’는 피고인의 112 신고를 받고 출동한 D파출소 소속 경위 E 등 경찰관 3명이 얼굴을 다친 상태인 피고인의 친구 F을 상대로 사건 경위를 확인하려고 하자 갑자기 경찰관들에게 “나가 자식들아, 꺼져 씹새끼야, 빨리 꺼지라고 씨발놈들아”라고 욕설을 하고, 이를 제지하는 E의 가슴 부위를 손으로 세게 미는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. Reports on internal investigation (related to the circumstances in which the suspect is arrested in the act of committing the crime);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the period of suspension of execution of punishment), and application of statutes governing judgment;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. The Defendant assaulted a police officer who is performing legitimate official duties.

In order to establish the state's legal order and eradicate the light of the public authority, such obstruction of the performance of official duties shall not be deemed to be negligiblely committed.

Furthermore, the defendant is punished nine times or more by fine for violent crimes, such as violation of the Punishment of Violences, etc. Act.