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 2019. 7. 25. 03:00경 구리시 B 에있는 ‘C’ 나이트 앞 노상에서 ‘술 취한 사람이 차 사이에 자고 있다’는 내용의 112 신고 받고 출동한 D지구대 소속 경찰관 순경 E과 순경 F으로부터 "집으로 그만 귀가 하시라"는 말을 듣자, "그냥 냅둬 씨발놈아 꺼져"라고 말하며 순경 E의 복부를 주먹으로 2회때리고, 얼굴을 주먹으로 1대 때리고, 순경 F의 오른쪽 무릎을 발로 2회 걷어찼다.

Accordingly, the Defendant interfered with police officers' legitimate performance of their duties concerning crime prevention and handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and E by the police;

1. 112 Reporting case management table;

1. Application of related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

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: The crime of this case committed by a police officer who was performing official duties for six months or more of imprisonment with prison labor; however, the crime of this case committed by a police officer during the suspension of the execution of official duties for the purpose of establishing public authority and social legal order needs to be punished strictly. However, some favorable circumstances are recognized, such as the confession of and against the crime of this case, the fact that the defendant did not have such previous crime; and the fact that the crime of this case was likely to result in the crime of this case under the influence of alcohol, such as sentencing guidelines, the age and character of the defendant, character and behavior, intelligence and environment, relationship with the victim,