A defendant shall be punished by imprisonment for not less than eight 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 2018. 9. 7. 02:44경 대구 달서구 B에 있는 C 식당 앞 노상에서 ‘술 취한 행인이 공중전화박스 안에서 잠들어있다’라는 취지의 112 신고를 받고 출동한 대구성서경찰서 D파출소 소속 경장 E이 피고인을 깨워서 귀가시키려고 하자 욕설을 하면서 손바닥으로 위 경찰관의 가슴 부위를 1회 밀치고, 계속하여 순찰차의 뒷부분을 발로 1회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (the details of arrest, work log, etc.);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. In order to establish the legal order of the country with reason for sentencing under Article 62(1) of the Criminal Act and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties. The Defendant has a history of serving a suspended sentence of imprisonment with labor for the same crime, one time of a fine, and one time of a fine.

However, in light of the fact that the defendant led to the crime of this case, his mistake is divided, the degree of damage is relatively minor, the defendant's age, character and behavior, environment, family relationship, means and result of the crime of this case, and all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, the punishment shall be determined as ordered.