A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 1, 2014, at around 12:17, the Defendant was notified to E and F of the police box belonging to the Sungdong Police Station D, which was sent by the Defendant, at the front of the C parking lot located in Osan City, to the Defendant, at around 12:55 on April 1, 2014, and the Defendant was notified to E and F of the police box belonging to the Sungdong Police Station D, which was sent by the Defendant.

피고인은 위 장소에 도착한 뒤에도 경찰관의 귀가 요구에 응하지 않고 또 다시 행인들에게 소리를 지르고 욕설을 하며 행패를 부렸고, 이를 제지하는 위 E을 향해 "머리에 피도 안 마른 것이 까부냐, 이 씨발놈아 까불지마라, 이 짭새야"라는 등 욕설을 하며 오른손등으로 그의 이마를 2회 때리고, 오른손 바닥으로 뒤통수를 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act selection of punishment, and grounds

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

2. Scope of the sentencing guidelines for recommendation [decision of types] Scope of the sentencing guidelines : The category of obstruction of the performance of official duties - the obstruction of the performance of official duties / [Scope of the sentence of recommendation] mitigated area (one month to eight months of imprisonment] mitigated area: Where the degree of assault and threat is minor;

3. The decision of sentence is deemed to have been divided by mistake, but the degree of obstruction of performance of official duties is not significant, but the punishment is to be determined as ordered within the scope of recommendation, considering the fact that the defendant has already been punished several times as violent crimes and committed the instant crime in the period of suspended execution, etc.