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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

피고인은 2018. 9. 2. 23:45 경 창원시 마산 합포구 B에 있는 주점 앞길에서 위 주점 업주가 술을 팔지 않는다는 이유로 112에 신고 하여 피고인의 신고를 받고 현장에 출동한 마산 중부 경찰서 C 지구대 소속 경위 D으로부터 귀가를 권유 받자 화가 나 “ 개새끼들아, 세금 받아 처먹고 신고 처리도 안 해 주나, 내 너 거 보는 앞에서 술집 다 때려 뿌사 삔다.

B while taking a bath as “,”, D’s tashn part of the tashn part of D’s tashn which was fluent, fluord by drinking D, obstructed the patrol car, and intended to move the Defendant to a safe place on the road, and assaulted D’s tash on one-time basis.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of applicable sentences under Acts: One month to five years of imprisonment;

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 of crime interfering with the execution of official duties (Interference with the performance of official duties / coercion of 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. Determination of sentence: Four months of imprisonment, the nature of crimes of obstructing the execution of official duties for one year of a suspended sentence is serious, and the police officer who is the object of the assault wishes to punish the accused;

In addition, the defendant has already been sentenced to 13 times, and among them, the criminal records of violence have also been sentenced to 6 times, and even though it is not the criminal records of violence, he has been sentenced to imprisonment with prison labor.