A defendant shall be punished by imprisonment for not less than three 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 2019. 2. 8. 21:20경 통영시 B에 있는 ‘C’ 술집 앞에서, ‘손님이 사람을 때린다’라는 112신고를 받고 출동한 통영경찰서 D파출소 순경 E이 사건 경위에 대하여 진술을 청취하는 과정에서 위 E에게 “야이 개새끼야, 씨발놈아”라고 욕설을 하며 멱살을 잡고 주먹으로 오른쪽 얼굴을 1회 때리고, 배 부위와 발목 부위를 걷어찼다.

Accordingly, the defendant, upon receiving 112 reports, obstructed the legitimate execution of duties by the police officers dispatched.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. 112 Reporting case handling table; and

1. Application of the Acts and subordinate statutes concerning the violence of police officers in mobilization;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsers): In cases where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment.

3. Determination of sentence: (a) together with the Defendant’s speech and behavior and the degree of violence at the time of the instant crime; (b) there is no criminal force against the Defendant; and (c) the victimized police officer does not want the punishment of the Defendant; and (d) comprehensively takes into account all the sentencing conditions indicated in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the sentence shall be