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 became final and conclusive.

Punishment of the crime

피고인은 2016. 8. 28. 22:05경 인천 남구 경인로 117에 있는 ‘더젠씨티’ 앞에서 술에 취하여 동네 주민들에게 시비를 걸고 폭력을 행사하던 중, 112신고를 받고 현장에 출동한 인천남부경찰서 B지구대 소속 순경 C으로부터 제지당하자 화가 나, “야이 씨발, 경찰 짭새 새끼들아. 니들이 경찰이야 다 죽어버려”라고 욕설을 하고 머리로 위 C의 얼굴을 1회 들이받고 손으로 C의 가슴을 1회 밀쳐 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning crime prevention and suppression of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (referring to cases of telephone statements for reference);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (no person specially punished);

2. Although the punishment of obstruction of performance of official duties should be strictly punished in order to establish the public authority and legal order, considering favorable circumstances, such as the confession and reflection of a crime by the defendant, the fact that the defendant seems to have committed any contingent crime under the influence of alcohol, and the fact that there is no record of punishment exceeding the fine, the punishment as ordered shall be determined by taking into account the defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.