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 2019. 3. 9. 23:34경 경기 의왕시 B에 있는 C교회 앞길에서 “차 안에서 스피커를 너무 크게 틀어 놨다”는 112신고를 받고 출동한 의왕경찰서 D파출소 소속 경위 E으로부터 경범죄처벌법위반 통고처분서를 받자 위 E에게 “좆 까네, 씨발, 경찰관이면 다냐, 신고자와 짜고 이러는 거냐.”라고 말하며 양팔로 위 E의 목을 2회에 걸쳐 약 15초 동안 감싸 안아 조르고 손바닥으로 위 E의 입술 부위를 1회 때려 경찰관의 112신고 처리에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written notification inspection;

1. Application of Acts and subordinate statutes to photographs analyzing CCTV images for crime prevention;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of the performance of official duties (the obstruction of the performance of official duties/performance of official duties) and there is no person [the area of recommendation and the scope of recommendation] (the scope of recommendation and recommendation), the basic area of the punishment, six months of imprisonment or one year and six months.

3. In full view of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

The crime of this case is very poor in light of the content of the crime, because the defendant committed an assault against a police officer who was dispatched after receiving 112 report due to the defendant's act of disturbance in the vicinity of the defendant.

The degree of the obstruction of the performance of official duties of this case is not easy.

The crime of obstruction of the performance of official duties, such as this case, is eradicating the state's awareness of public power.