A defendant shall be punished by imprisonment for not less than eight 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 2020. 7. 16. 00:25경 인천 부평구 B 인천삼산경찰서 C지구대 앞 도로에서, ‘손님이 행패를 부린다’는 112신고를 받고 출동한 경찰관으로부터 2번 귀가 권유를 받았었다는 이유로 화가 나 위 지구대를 찾아간 다음 위 지구대 소속 경찰관들에게 “열 받아서 왔다. 씨발 좆같다. 좆같은 새끼들. 짭새 새끼들. 너는 뭐 되냐. 병신 새끼”라고 욕하고, 경찰관들로부터 재차 귀가 권유를 받자 경찰관들을 손으로 밀고 위 지구대로 들어가려고 하였고, 이를 제지하는 위 지구대 소속 순경 D로부터 손을 잡히자 발로 D의 왼쪽 무릎을 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to investigation reports on the statement of the police officer related to D (in case of attaching and capturing a copy of a copy of the violence video);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years, and circumstances unfavorable to a community service order: The crime of obstruction of performance of official duties requires strict attention to the establishment of public authority and the protection of legal order.

The defendant was punished by a fine for the same crime around 2010.

A favorable circumstances: The defendant recognizes a crime.

It seems that the degree of violence was not significant.

The defendant's age, character, character and environment, including the above circumstances, are the defendant's age, character and environment.