A defendant shall be punished by imprisonment for six 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 2016. 10. 16. 22:00경 남양주시 B에 있는 ‘C’이라는 음식점에서 술에 취하여 소란을 피우던 중, 손님으로 온 피고인이 귀가하지 않는다는 내용의 112 신고를 받고 현장에 출동한 경기남양주경찰서 D파출소 소속 경장 E, 순경 F으로부터 귀가할 것을 권유받자 ‘경찰, 좃까지 마’라는 등의 욕설을 하며 갑자기 주먹으로 위 F의 얼굴을 3회 때리고 손으로 F의 가슴을 1회 밀치는 등 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. G statements;

1. 112 reported details; and

1. A report on internal investigation (on-site conditions, etc.);

1. Investigation report (on-site exit status, etc.);

1. Application of statutes on photographs of damage;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no person who has the basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the scope of punishment which is advantageous to the reasons for sentencing) [Article 62(1) of the Criminal Code.] [Determination of sentence] The defendant has the history of criminal punishment several times for the same crime. In particular, since the crime related to the obstruction of performance of official duties is a crime that undermines the function of the State by nullifying legitimate exercise of public authority, it is necessary to strictly punish the defendant to establish a national legal order and eradicate the light of the public authority. However, the defendant is led to the confession of the crime in this case, his mistake is divided, and the defendant has committed the crime in this case under the influence of alcohol, taking into account the circumstances favorable to the defendant and other circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and developments leading to the crime in this case, means and results, and circumstances after the crime