A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On November 8, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for the obstruction of performance of official duties, etc. by the District Court, and the execution of the sentence was terminated on March 7, 2013.

피고인은 2014. 8. 13. 03:55경 인천 부평구 C에 있는 D지구대에서, 화장실을 이용한 후 아무런 이유 없이 위 지구대에서 근무 중이던 경위 E에게 “야 짭새 새끼들아 너희들은 모두 가만히 놔두지 않을 거야. 조만간 대단치도 않은 계급 낮은 지구대장, D지구대에서 근무하는 짭새 새끼들은 가만히 안 놔둘거야 씨발 새끼들아”라고 욕설을 하는 등 소란을 피우며 위 지구대 안에 있던 탁자를 뒤집어엎고, 이를 제지하는 위 E의 턱을 팔꿈치로 1회 때리는 등 폭행하여 경찰관의 지구대 상황근무 등에 관한 정당한 공무집행을 방해 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E;

1. On-site photographs and investigation reports (to be attached on the screen ofCCTV);

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of recent previous convictions and sentence of punishment by a suspect), application of Acts and subordinate statutes concerning personal identification;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] The reason for the sentencing of Article 35 of the Criminal Act [the scope of recommending punishment] is that strict punishment against the defendant is needed in that the defendant committed the crime of this case because he committed the crime of this case, even though he committed the crime of this case, he committed the same repeated crime of the aggravated area (one to four years of obstruction of performance of official duties

However, in consideration of the fact that the occurrence of a serious result does not reach the lower limit of the punishment for recommendation, the fact that the crime is divided, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct and environment of the accused, shall be determined below the lower limit of the punishment

It is so decided as per Disposition for the above reasons.