A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2014. 12. 19. 01:10경 경기도 시흥시 C빌딩 2층에 있는 ‘D’ 주점 출입구에서 “손님이 술 먹고 계산을 안 한다.”라는 112 신고를 받고 그곳에 출동한 시흥경찰서 E지구대 소속 경장 F으로부터 술값을 지불한 후 귀가 할 것을 요구받자 화가 나 “니가 여기 뒤를 봐주냐 씨발 새끼야! 니가 아는 집이냐 좆같은 새끼가 죽을 라고 지랄이네. 니깟게 어쩔건데 이 병신새끼야.”라고 욕설을 하고 왼손으로 위 F의 목을 잡아밀쳤다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of G;

1. Place of work, and a public official card;

1. Application of the CCTV image and photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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. The scope of recommendations shall be limited to the category 1 (Obstruction of Performance of Official Duties) and the basic area (6 to 1 year and 4 months) (special person) of the same category;

2. Circumstances favorable to a decision on sentence: The age, character and conduct, environment, circumstances, etc. of the instant crime after the instant crime is committed, as the police officer in uniform interferes with the performance of duties by him/her, and others are disadvantageous to the nature of the crime: The age, character, and environment of the Defendant