The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2019. 2. 26. 18:48경 강원 춘천시 B아파트, C호 앞에서 술에 취하여 아무런 이유 없이 초인종을 누르며 현관문을 발로 걷어차 집 주인이 112 신고를 하여, 같은 날 19:10경 112 신고를 받고 현장에 출동한 춘천경찰서 D지구대 소속 순경 E(28세)가 피고인에게 귀가할 것을 종용하자 “내가 힘이 좋은데 너도 힘이 좋네”, “한번 해보자”고 말하며 달려들어 위 E가 이를 제지하자 발로 위 E의 왼쪽다리 정강이를 걷어찼다.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] Scope of the obstruction of performance of official duties [Type 1] / coercion of performance of official duties (special person] - mitigated elements: Where the degree of assault, intimidation and deception is minor, [the scope of the recommended area and the recommended punishment] mitigation range, imprisonment with prison labor for one month to eight months [the general person] mitigation elements - (the general person who is punished] mitigation element - Where the degree of violence, intimidation and deception is minor, the reason for suspension of execution - Where the degree of general pride is minor: The reason for suspension of execution is clear, serious reflective relation - the general pride, and the reason for suspension of execution at least twice.

3. Determination of sentence: Four months of imprisonment with prison labor and one year of suspended sentence (including the fact that the degree of violence is not serious, and the fact that the crime of this case was caused by the mistake of taking back the next house of his own house under the influence of alcohol and taking into account the fact that the crime of this case was committed).