A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

피고인은 2019. 6. 24. 17:10경 경기 연천군 B아파트 C호 현관문을 술에 취해 손으로 두드리며 행패를 부리던 중, 112 신고를 받고 출동한 연천경찰서 D파출소 소속 경장 E가 귀가하라고 한다는 이유로 화가 나, “넌 뭐야 새끼야. 짬밥이 얼마나 됐어”라고 하면서 E의 멱살을 잡고, E의 얼굴에 주먹을 휘두르고, 왼쪽 팔꿈치로 E의 턱을 가격하고, 손으로 E의 가슴을 밀어 벽에 부딪히게 하였다.

As above, the Defendant interfered with the legitimate execution of duties concerning the maintenance and control of police officers’ security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written statement;

1. Application of statutes on site photographs;

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. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: The crime of obstruction of performance of official duties is an offense that is not good quality in terms of making it difficult to exercise the public authority, which is the basis of a rule of law, and its damage return to a good majority of citizens.

In light of the form and degree of force used by the Defendant in the instant crime, the case is relatively serious among the crimes committed in the obstruction of performance of official duties.

However, it is advantageous to the fact that the defendant is recognized as committing a crime, that the defendant is not subject to punishment by agreement with the damaged public officials, that the defendant has no record of punishment as a violent crime until before the transfer, and that there is a family member to support the defendant.