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

Criminal facts

피고인은 2018. 1. 24. 23:00 경 창원시 마산 회원구 D에 있는 ‘E 식당’ 앞 노상에서 형인 F과 서로 때리며 싸우던 중, 순찰차를 타고 인근을 순찰하다가 이와 같은 장면을 목격한 마산 동부 경찰서 G 파출소 소속 경장 H으로부터 제지를 받자 주먹으로 위 H의 얼굴 부위를 때리고, 같은 경찰서 소속 경위 I로부터 재차 제지를 받자 양손으로 위 I의 몸을 밀치고 발로 위 I의 다리 부위를 수회 걷어찼다.

Accordingly, the defendant assaulted police officers and interfered with the legitimate execution of their duties on the prevention, suppression and investigation of their crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of the CCTV closure photographs and video-related Acts and subordinate statutes to computer diskss;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense, respectively;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (the punishment imposed on a person who interferes with the execution of public duties due to an assault against I heavier than that of a crime);

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of punishment by imprisonment: One month to five years;

2. The scope of recommended punishment according to the sentencing criteria: Imprisonment with prison labor for one month to eight months.

(a) Determination of types: One type (Interference with the execution of public duties/ coercion of duties) that interferes with the performance of public duties;

(b) Special sentencing factors: Where the degree of assault, intimidation, deceptive scheme, or interference with official duties is insignificant (a factor to be mitigated);

(c) Determination of the territory of recommendation: Reduction territory;

3. Decision of sentence: The criminal records of a criminal defendant who has already been sentenced to imprisonment with prison labor for four months and has already been sentenced to imprisonment with prison labor for 12 times and the criminal records of a suspended sentence of imprisonment with prison labor for two times and for one time.

However, since the defendant committed an assault against police officers and committed each crime in the judgment, it is deemed that the defendant's sentence of fine cannot achieve the purpose of punishment, such as edification of the defendant and sound rehabilitation to society.

Therefore, the defendant is sentenced to imprisonment.