Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 25, 2020, the Defendant: (a) was a passenger of a taxi operating to B while drinking alcohol at night; (b) arrived at D in front of the taxi located in C at Jeju, who is a destination; (c) but (d) was not broken off, and thus, (d) reported 112 under B.
피고인은 같은 날 02:10경 위 D 앞 노상에서 112신고를 받고 출동한 제주서부경찰서 E지구대 소속 경찰관인 경사 F이 피고인을 깨워 택시요금을 지불하고 귀가할 것을 권유하자, 갑자기 흥분하여 “너네 이 개새끼들 콱!”이라고 욕설을 하면서 위 경찰관의 왼쪽 정강이 부분을 피고인의 왼발로 1회 걷어차 폭행하였다.
As a result, the Defendant interfered with the police officer's legitimate execution of duties on the prevention of crime by sending out 112 report.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes in F and B;
1. Article 136(1) of the Criminal Act applicable to the crime, Article 136(1) of the choice of punishment, Article 136(1) of the Criminal Act, the attitude of the act of obstructing the performance of official duties for the reason of sentencing the sentence of imprisonment, the fact that the defendant has been sentenced to a punishment for the same kind of crime, the fact that the defendant has committed an contingent crime by taking full advantage of and against the defendant, the fact that the defendant committed an contingent crime, the fact that the defendant's age, character and conduct, family relationship, environment, circumstances and results of the crime, and