A defendant shall be punished by imprisonment with prison labor for up to six 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 2019. 8. 12. 23:50경 강원 평창군 B아파트 C호 출입구 부근에서, 지인 D을 폭행한 일로 신고를 받고 현장에 출동한 평창경찰서 E파출소 소속 경사 F와 순경 G으로부터 귀가를 권유받자 ‘경찰관 재수 없어 씨팔, 왜 집에 가야 해, 내가 알아서 간다’라고 소리를 지르고, 이후 위 D에게 시비를 걸면서 달려든 일로 경사 F와 순경 G으로부터 제지를 당하자 화가 나 손을 들어 순경 G을 때릴 것처럼 위협하고, 주먹으로 경사 F의 목과 가슴을 각 1회 때리고 발로 정강이를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of H and F;

1. Application of the 112 Report List, F photographics, investigation report (verification of violence against drinking alcohol and non-recogncy), documents attached thereto, and the Acts and subordinate statutes governing B apartment CCTV images;

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 of the community service order;

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. The Defendant assaulted a police officer who is performing legitimate official duties.

In order to establish the state's legal order and eradicate the light of the public authority, such obstruction of the performance of official duties shall not be deemed to be negligiblely committed.

However, considering the fact that the defendant is recognized as committing a crime and there is no record of punishment for violent crimes, the age, character and behavior, environment, and motive for committing a crime.