A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2017. 7. 7. 10:35 경 양산시 C 연립 앞에서 112 신고를 받고 현장에 출동한 양산 경찰서 D 파출소 소속 순경 E, 순경 F으로부터 음주 측정에 응할 것을 요구 받자 이에 화가 나 위 E에게 “ 씨 발, 발로 차 버릴까 ”, “ 내가 발로 차면 죽어 버릴 껄!” 이라고 말하며 위 E를 발로 찰 듯이 위협하는 등 협박하고, 위 F의 낭 심을 2회 움켜잡는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the G’s written Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

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

1. The basic area (from June to June 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to June) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

A favorable circumstances: The confession and reflect, and the fact that there is no previous conviction that interferes with the execution of official duties.

1. Unfavorable circumstances: The exercise of direct tangible power against police officers who perform legitimate official duties and the commission of such crimes is very poor, and there are many criminal records of violence.