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 2019. 9. 4. 22:05경 거제시 B 건물 계단에서 ‘남성이 술에 취해 누워 있다’는 112신고를 받고 출동한 C지구대 소속 경찰관인 순경 D로부터 귀가하라는 권유를 받자 자신을 깨운다는 이유로 화가 나 순경 D에게 “놔라, 이 짭새 개새끼들아”라고 욕설을 하면서 오른손으로 순경 D의 얼굴 부위를 1회 때리고, 계속하여 순경 D로부터 공무집행방해 현행범으로 체포되자 화가 나 머리로 순경 D의 얼굴 부위를 1회 들이 받았다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act;

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 type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties/non-performance of official duties [the scope of recommended areas and recommendations], the basic area of recommendation [the scope of recommendation areas and recommendations], six months to one year and six months.

3. The sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances leading to the commission of the crime, the degree of assault against police officers, the time of and reflect on the crime, the fact that there is no record of the same crime, the defendant's age, character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing guidelines set by the Supreme Court Sentencing Committee, shall be determined as per the order.