A defendant shall be punished by imprisonment with prison labor for four 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. 3. 17. 23:15경 울산 동구 B 앞길에 정차된 C 시내버스 내에서, 위 버스의 운전기사와 요금 문제로 승강이를 벌이던 중, 112신고에 의하여 출동한 울산동부경찰서 D파출소 소속 경사 E, 경장 F으로부터 제지를 받자 "내가 뭘 잘못했는데, 이 시발새끼, 내 아들뻘도 안 되는 것들이 경찰하고 있네."라는 등 욕설을 하면서 손으로 위 F의 몸을 수회 밀치고, 들고 있던 점퍼를 위 E에게 던지는 등으로 E, F을 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. As to the Defendant’s assertion under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the Defendant asserts that the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

However, comprehensively taking account of the circumstances such as the background and method of the instant crime, the Defendant’s act before and after the instant crime, which was acknowledged by the evidence as seen earlier, there was no ability to discern things or make decisions under the influence of alcohol.

not seem to have existed in or weak condition.

Defendant’s assertion is not accepted.

Reasons for sentencing

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

2. The scope of recommendations according to the sentencing guidelines [decision of type] the obstruction of the performance of official duties [Type 1]/ the coercion of official duties (special person] mitigated elements: In cases where the degree of assault, intimidation, and deceptive scheme is minor (the scope of recommending area and recommendation) mitigated areas, imprisonment shall be mitigated.