A defendant shall be punished by imprisonment with prison labor for up to six 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. 9. 2. 19:20경 문경시 B건물 앞 노상에서, 피고인이 소란을 피우고 있다는 내용의 112 신고를 받고 출동한 문경경찰서 C파출소 소속 경찰관 D로부터 인적사항 등을 확인하는 질문을 받자 화가 나, 위 D에게 “내가 뭘 잘못 했냐. 개자식들아. 이 십할놈들아. 날 엮어 넣어라“라고 욕설을 하면서 주먹으로 D의 가슴 부위를 1회 때리고, 계속하여 발로 D의 배 부위를 1회 걷어찼다.

Accordingly, the defendant assaulted D and interfered with the police officer's 112 report processing and dispatch of the site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (place of work, attachment of a list of reported cases).

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Determination of sentence: The crime of obstruction of the performance of official duties for one year by a suspended sentence of six months is a crime that undermines the functions of the State by nullifying the exercise of legitimate public authority, and thus, it is necessary to establish national legal order and cope with such crime in order to eradicate the light of public authority;

It is difficult to see the degree of tangible power exercised by the defendant less exceptionally.

Although long time, the defendant has been punished only once for the obstruction of performance of official duties.

However, the defendant appears to reflect in depth the crime of this case, and the defendant is contingent.