A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 25, 2016, the Defendant was sentenced to one year of imprisonment for the crime of indecent act by force in the Daegu District Court Kimcheon Branch on July 27, 2017.

The defendant committed the following crimes under the status that he/she has a weak ability to discern things or make decisions due to his/her own illness:

피고인은 2018. 11. 13. 15:06경 구미시 B에 있는 C 앞 도로에서 '어떤 아저씨가 지나가는 차에 삿대질한다'는 112신고를 받고 출동한 구미경찰서 D지구대 소속 순경 E가 피고인에게 인적사항을 묻자 “개새끼야 너희들은 여자들 보지나 빤다 씹할 새끼들아 너들은 나한테 못 이긴다”라고 욕설을 하며 위 E를 향해 침을 뱉었고, 이에 위 E가 이를 제지한다는 이유로 “너희들은 나한테 한주먹도 안 된다”라고 말하면서 주먹으로 위 E의 오른쪽 눈 부위를 2회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Photographs of a part of the assault;

1. Previous records: Application of criminal records, etc. and investigation reports (report on confirmation of facts during the repeated period)-related Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders;

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] Scope of the obstruction of performance of official duties / [Type 1] obstruction of performance of official duties / job coercion / mitigated elements : Doctrine of mental illness (non-liability of the person in question): Doctrine of mental illness (non-liability of the person in question) [Scope of the recommended area and the recommended sentence] mitigation area, 1 to 8 months (general person in question] aggravation factors: There is no repeated crime of this category

3. Determination of sentence: The defendant shall have six months of imprisonment;