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 2019. 5. 24. 05:10경 통영시 B빌딩 앞 도로에서, ‘남자가 머리끄댕이를 잡고 욕을 한다’는 112신고를 받고 출동한 통영경찰서 C지구대 소속 경장 D으로부터 싸움을 제지당하자, 화가 나 D에게 “야 씨발 니 몇 살이고”라고 욕설을 하면서 D의 멱살을 잡아 당기고, 계속해서 피고인이 E에게 달려들며 싸우려 하는 것을 위 지구대 소속 경위 F으로부터 제지를 당하자, F에게 “야이 새끼들아 비키라, 느그가 뭐꼬”라고 욕설을 하며 F의 멱살을 잡아 밀치는 등 폭행을 하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in regard to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, D, and F;

1. A detailed statement of 112 reported cases processing;

1. Each related photograph;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 136 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of performance of official duties);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

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 type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties/non-performance of official duties [the scope of recommended areas and recommendations], the basic area of recommendation [the scope of recommendation areas and recommendations], six months to one year and six months.

3. The sentencing conditions stipulated in Article 51 of the Criminal Act, such as the background leading up to the commission of the crime, the degree of assault against police officers, the time of and reflect on the crime, the fact that there is no record of the same kind of crime, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing guidelines set by the Supreme Court Sentencing Committee, shall be determined as per the order.