A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2019. 2. 25. 18:40경 부천시 B에 있는 횟집 앞에서 ‘가게 술 취한 남자가 주방 안에 들어와 사장 때린다. 빨리 와 달라.’라는 112신고를 받고 현장에 출동한 부천원미경찰서 C지구대 소속 경사 D가 피고인의 진술을 청취하는 사이에, D에게 “뭘 잘못했어. 아무 잘못 없어 임마.”라고 하며 D의 몸을 손으로 수 회 밀치고, 주먹을 들어 D를 때릴 듯이 위협하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to a copy of work place;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence: Imprisonment with prison labor for six months, or suspension of execution for one year, if the defendant interferes with the performance of official duties of a police official who wears a uniform under the influence of alcohol, such crime shall not be minor;

However, the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant's acknowledgement of the crime and reflects the mistake; (b) there is no record of punishment exceeding the fine; (c) the motive and background of the crime in this case; (d) the contents and degree of interference with official duties; (e) the circumstances after the crime was committed; and (e) the defendant's age, character and conduct, family relationship