Text
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.
Reasons
Punishment of the crime
The Defendant, around 00:30 on December 31, 2018, at the cafeteria “C” restaurant located in Incheon, is a customer and a trial expense in the next table among the mixed drinks.
폭력을 행사한 후, 112 신고를 받고 출동하여 현장 상황을 파악한 D지구대 소속 경위인 E이 피고인에게 신분증 제시요구를 했다는 이유로, “내가 경찰새끼들 많이 팼는데 나 건들면 죽여버리겠다.”라고 욕설을 하면서 주먹으로 E의 얼굴 부위와 몸통 부위를 약 3회 때려 폭행하였다.
As a result, the Defendant interfered with the legitimate execution of duties of police officials in relation to 112 reporting affairs.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statement to E;
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The sentencing criteria [Determination of Punishment] The scope of the obstruction of the performance of official duties [Class 1]/ the coercion of official duties (the scope of recommendations and recommendations] of the person who has no person who has been subject to the obstruction of the performance of official duties], the basic area (the scope of recommendations and recommendations], six months to one year and six months;
2. Where a police officer who has been dispatched by the decision on sentence is drinking, and the degree of violence is not weak;
However, the time of obstruction of performance of official duties is short due to the suppression, and the accused leads to confession and reflects the crime.
In full view of the above circumstances, the punishment shall be determined as per the order beyond the lowest limit of the sentencing criteria.