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 2016. 4. 13. 02:50경 거제시 C에 있는 D편의점 앞 노상에서 ‘어떤 차량이 주차하면서 세워놓은 자전거를 들이받았다.’는 112 신고를 받고 출동한 거제경찰서 E지구대 경장 F, 순경 G가 ‘자전거 체인이 풀렸으니 체인을 연결시키면 되겠네요’라고 말하였다는 이유로 위 경찰관들에게 ‘야이 짜바리 씹새끼, 너거 경상도에서는 이라냐, 존나 싸가지 없네’라고 욕설하고, 계속하여 위 경찰관들이 귀가를 종용하자 ‘씹할 건달이냐, 체포하라고 임마, 얌마 돼지 이리와 봐, 씹할 놈아’라고 욕설하며 위 F의 어깨를 3회 밀치고 조끼를 잡아당기는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Statement of each police statement related to F and G;

1. Application of Acts and subordinate statutes on investigation reporting;

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;

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

1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties shall be the category 1 (the obstruction of performance of official duties and the coercion of official duties).

2. The specific grounds for sentencing are as follows: (a) Defendant A’s punishment is determined on the grounds that the punishment is determined by taking account of the Defendant’s age, character, conduct, environment, circumstances leading to the commission of the crime, means and consequence, etc.; and (b) the circumstances after the commission of the crime under Article 51 of the Criminal Act, including the circumstances after the commission of the crime.