A defendant shall be punished by imprisonment with prison labor for four 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 2016. 12. 19. 23:55 경 성남시 분당구 황새 울로 360번 길 21에 있는 신영 타워 팰리스 빌딩 1 층 주차장에서 ‘ 술 먹은 사람이 행패를 부린다’ 는 내용의 112 신고를 받고 현장에 출동한 분당 경찰서 B 지구대 소속 경위 C, 순경 D이 피고인에게 사건 경위를 묻자 “ 경찰은 이야기 하지 마라, 개새끼들 아” 등의 욕설을 하며 주먹으로 D을 때릴 듯이 위협하고 손으로 D의 가슴을 수차례 밀쳐 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reporting duties and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of F and E;

1. Application of the Act and subordinate statutes to the investigation report (as to the confirmation of CCTV images in the instant field);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Where the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] is minor in the area of mitigation (one month to eight months), the area of mitigation (a person with special mitigation) (a person with special mitigation) of public duties, and the extent of violence, intimidation, and deceptive schemes;

2. Determination of sentence [Public Prosecutor’s Opinions] 8 months of imprisonment with prison labor / [Judgment] 4 months of imprisonment with prison labor, and obstruction of the execution of official duties 1 year of suspended execution is a serious crime that undermines the functions of the State by nullifying legitimate exercise of public authority, and thus requires strict punishment.

However, considering the facts that confession and reflect, the fact that there is no record of the same kind of crime, etc., a punishment shall be determined within the scope of the recommended punishment in accordance with the sentencing guidelines and the execution of the punishment shall be suspended by taking into account the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, etc., together with the various sentencing conditions of Article 51 of the Criminal Act as shown in the records and arguments of the case,