A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2018. 6. 12. 경 경산시 C에 있는 D이 운영하는 식당에서, 피고인이 소란을 피우고 있다는 112 신고를 받고 출동한 경산 경찰서 E 지구대 소속 경사 F으로부터 D에 대한 폭행 혐의로 현행범 체포되어, 112 순찰차에 탑승한 뒤, 경산시 G에 있는 경산 경찰서 E 지구대에 도착하여 순찰차에서 하차하는 과정에서 갑자기 ‘야 이 씨 발 놈들 아 ’라고 욕설을 하며 발로 F의 다리를 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor that the degree of interference with the execution of public duties, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months). (Interference with the performance of public duties and coercion of duties)

2. Circumstances unfavorable to the determination of sentence: The nature of the offense is not to be somewhat weak for the defendant to assault a police officer wearing a uniform under the influence of alcohol. The degree of assault is also favorable for the defendant to recognize and reflect his/her criminal act. The degree of interference with official duties is insignificant. Taking into account all the circumstances, such as the defendant’s age and occupation, motive and background of the offense, means and consequence, and circumstances that form the condition for sentencing, such as his/her age and occupation, the criminal act, the motive and consequence of the offense, and the circumstances after the crime