A defendant shall be punished by imprisonment for 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 2020. 2. 22. 23:00경 인천 서구 B에 있는 'C' 주점에서 “손님으로부터 폭행을 당하였다."라는 내용의 112신고를 접수받고 출동한 인천서부경찰서 D지구대 경찰관들에게 욕설을 하면서 주먹으로 때리려는 시늉을 하여 경위 E으로부터 제지를 당하자 2회에 걸쳐 머리로 위 E의 가슴과 얼굴을 들이받았다.

As a result, the defendant interfered with the legitimate performance of duties of police officers on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police record of E/F’s statement, on-site CCTV photographs [the defendant and his defense counsel asserted that the defendant was in a state of mental disability by force at the time of the instant crime, but considering the process and contents of the instant crime, the defendant’s behavior before and after the instant crime was committed, it is difficult to conclude that the defendant had weak ability to discern things or make decisions at the time of the instant crime. Accordingly, the above assertion is rejected).

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 (The following extenuating circumstances among the reasons for sentencing);

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] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for six months, and the normal obstruction of performance of official duties for two years, which is disadvantageous to the suspension of execution, is highly likely to be subject to criticism in that the law and order and the public authority may be promoted, and there is a need for strict punishment.

The degree of obstruction of performance of official duties is not easy.