A defendant shall be punished by imprisonment for not more than ten months.

except that 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 2019. 1. 5. 01:25경 대구 달서구 B에 있는 C 주점에서 술에 취하여 소란을 피우던 중, 112신고를 받고 출동한 대구성서경찰서 D지구대 소속 경찰관 E으로부터 사건 경위에 관한 질문을 받자, 경찰관 E에게 “이 씹할 놈들아”라고 욕설을 하면서 주먹을 쥔 채 수차례 때릴 듯이 달려들고, 경찰관 E을 향해 주먹을 휘두르고, 멱살을 잡으려 하고, 경찰관 E의 상의를 잡아당기고, 어깨를 밀쳤다.

As a result, the Defendant interfered with the legitimate execution of duties of police officials in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. In the notification [Partial Correction of the Evidence List] of the Report-Related Department in the D District Department, one copy of the night work day and one 12 Incident, “from the 112 Incident Report-Related Department” as indicated in the Evidence List is a clerical error in the notification of the 112 Incident Report-Related Department, and thus correct it.

Application of Statutes

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

1. In order to establish the legal order for sentencing under Article 62(1) of the Criminal Act and eradicate the light of the public authority, there is a need to strictly punish a crime that interferes with the performance of official duties, and the Defendant has a number of criminal records related to violence, it is deemed that the Defendant’s liability for the crime is heavy.

Meanwhile, in full view of the fact that the defendant recognized his mistake and did not repeat the crime while reflecting the fact that there is no criminal record of the same kind, and other circumstances such as the degree of damage, the circumstances of the crime, the degree of the crime, the circumstances after the crime, the prosecutor's imprisonment (10 months of imprisonment) are determined as above.