A defendant shall be punished by imprisonment with prison labor for up to six 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 2018. 6. 7. 21:35 경 인천 연수구 B 아파트 상가 ‘C ’에서 피고인이 소란을 피운다는 이유로 112 신고를 받고 출동한 인천 연수경찰서 D 파출소 소속 순경 E, 경사 F이 귀가할 것을 요청하자 위 경찰관들에게 “ 니가 뭔 데 나보고 가라 마라야, 시발 놈 아 맞짱 뜨자” 라는 등 욕설을 하며 손으로 E의 멱살을 잡아 흔들고, 계속하여 손으로 F을 밀치고, F의 우측 손목 등을 수회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, E, and F;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended punishment] There is no person (from June to one year and six months) in the basic area (the person subject to special sentencing) (the person subject to special sentencing) (the decision of sentence] [the person subject to imprisonment for six months, and the person subject to suspended execution for one year should be punished for the establishment of legal order and the protection of public authority.

In light of the circumstances such as having two times of violence criminal records against the defendant, having two times of violence since 2016, having records of being committed by assault, and the defendant being treated with a mental disorder due to depression, etc. in this court, and making a statement that the defendant is under the influence of drinking every day while living together with the mixed, it is necessary to prevent recidivism and improve the awareness of recidivism, and select imprisonment.

However, the punishment is determined as ordered in consideration of the fact that the defendant has recognized and reflected his/her mistake, contingency crimes, and other various sentencing conditions, such as the defendant's age, sex, family relationship, financial status, etc.