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 becomes final and conclusive.

Punishment of the crime

피고인은 2014. 5. 22. 23:02경 부산 동구 B에 있는 C 앞 도로에서, 피고인이 술에 취해 행패를 부린다는 112신고를 받고 출동한 부산동부경찰서 D지구대 소속 경사인 피해자 E(남, 43세)이 피고인에게 집에 갈 것을 종용한다는 이유로 화가 나, “야, 이 씨발놈아. 짭새 새끼야”라고 욕설을 하면서, 주먹으로 피해자의 배를 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. 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 shall be the category 1 (the obstruction of performance of official duties and the coercion of official duties).

2. Consideration of favorable sentencing factors, such as the confession of the defendant in the decision of sentence, the fact that police officers seek a preference by committing a crime against police officers, and the fact that the defendant has a record of serving a majority of punishment due to violent crimes including the same kind of crime, etc.