A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 6, 2017, the Defendant reported 112 at the “C” restaurant located in the Dong-gu Busan Metropolitan City, Dong-gu, Busan Metropolitan City on May 23:25, 2017, and the police officers, such as E police officers belonging to the Busan Dong-dong Police Station D police station, attempted to arrest Defendant F, a flagrant offender, as a suspicion of property damage and interference with business.

이에 피고인은 손으로 위 E의 상의를 잡아당기고, 위 식당 앞에 정차한 순찰차에 탑승하는 위 E의 얼굴에 침을 뱉고 발로 위 E의 손가락을 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties of the above E on the dispatch of 112 declarations and arrest of flagrant offenders.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Baspits or spits, etc. on the face of police officers who determine the sentence of punishment, which are not less vulnerable to the degree of violence, one time to suspend the execution of imprisonment with prison labor for violent crimes, which have the records of punishment several times of fines, and other punishment as ordered, taking into account all the conditions of punishment, such as the age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.