A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

피고인은 2014. 4. 17. 04:20경 창원시 의창구 C에 있는 창원서부경찰서 D지구대에 찾아가 그곳에 있는 소파에 누워 자려고 하자 위 지구대 소속 경사 E으로부터 집에 돌아가셔서 주무시라는 말을 듣고 발로 지구대 출입문을 수회 걷어 차면서 "야이 씹할 새끼야, 내가 잘못한 것이 무엇이냐, 내가 뭘 잘못했는데"라고 욕설을 하고, 주먹과 발로 위 E을 때리려고 하여 위 지구대 소속 경사 F로부터 이를 제지당하자 발로 F의 왼쪽 정강이를 차 경찰관들의 지구대 상황 근무 등에 관한 정당한 공무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of each police statement statute to E and F;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The defense counsel's assertion of a counsel selected for imprisonment with labor is asserted to the effect that the defendant was in a state of mental disorder by drinking alcohol at the time of the instant crime. However, in light of the content and process of the instant crime, it does not seem that the defendant had weak ability to discern things or make decisions at the time of the instant crime. Therefore, the above argument is rejected.

In full view of the fact that the defendant, while under the influence of alcohol, finds a police station patrol unit without any reason and assaults police officers to obstruct the police officers' performance of official duties, the act of obstructing the police officers' performance of their official duties is serious to deny the rule of law, and the defendant has a criminal record of having been sentenced to a fine of three million won due to the obstruction of performance of official duties, it is inevitable to choose the sentence to the defendant.

In addition, considering all the factors such as the criminal records of the defendant and the circumstances leading to the crime of this case, it is ordered within the scope of the sentencing guidelines.