A defendant shall be punished by imprisonment for not less than five months.

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

Punishment of the crime

피고인은 2017. 12. 5. 22:00 경 경주시 B에 있는 피고인의 집에서 아내인 C 와 다투던 중 ‘ 윗집에서 술을 먹고 싸운다’ 라는 112 신고를 받고 현장에 출동한 경주 경찰서 D 파출소 소속 경찰 관인 경위 E, 순경 F가 사건 경위를 파악하려고 하자 “ 야 씨 발 놈, 뭐하러 왔노, 개새끼들 아 ”라고 욕설하며 양손으로 위 E 과 위 F를 밀치고, 발로 위 E의 다리를 수회 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to G and E;

1. Reports on internal investigation (in the situation, etc. of mobilization to the scene), reports on internal investigation (in the case of photographing, etc. photographs of parts damaged by police officers), and images damaged by ice E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant, even though having the record of the same kind of crime, was able to take a bath to a police officer who is performing official duties, and committed violence is not good.

However, the fact that the defendant fully recognized the facts of the crime and is in profoundly against the defendant, the fact that the victim police officer was subject to death, and that he/she faithfully lives for the purpose of supporting his/her family members is considered as favorable circumstances to the defendant, and the punishment as ordered shall be determined by taking into account the defendant's age, sex, motive, motive of the crime, situation before and after the crime, and other various factors of sentencing as shown in the trial of this case.