A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2016. 11. 18. 23:08 경 안양시 만안구 B에 있는 ‘C '에서 ’ 손님이 일어나지 않는다‘ 는 신고를 받고 출동한 만 안 경찰서 D 지구대 소속 경사 E로부터 귀가를 권유 받자, " 이 씨 발 새끼들 아 꺼져, 짭새 새끼들 아" 라는 등 욕설하고, 주먹으로 경사 E의 가슴을 수회 밀고, 멱살을 잡고, 머리로 경사 E의 입술을 들이받는 등 폭행하여 112 신고 처리 업무 등에 관한 경찰공무원의 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Investigation report (C's business statement by telephone);

1. 112 A report processing table;

1. Application of the Acts and subordinate statutes to photograph damaged photographs and CCTV images for crime prevention;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing under Article 62-2 of the Social Service Order Criminal Act is not good in light of the following factors: (a) the sentencing period under Article 62-2 of the same Act [the scope of the sentencing guidelines] - the basic area of the first type (the obstruction of the performance of official duties and the coercion of duties) (the period of six months to one year) (the period of imprisonment), the basic area of the obstruction of the performance of official duties - there is no special sentencing [the decision of sentence] 6 months of imprisonment; (b) the crime committed for two years of suspended sentence; (c) the Defendant reflects the mistake; (d) the criminal record of a fine due to an act of violence was reached five times or more; (e) the Defendant’s age, sex, occupation, family relationship, property status, and other various sentencing conditions should be taken into consideration.