A defendant shall be punished by imprisonment for 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. 11. 24. 02:18경 오산시 B 앞 길에서, 피고인으로부터 맞았다는 취지의 112신고를 받고 출동한 오산경찰서 C지구대 소속 경찰관 D으로부터 귀가를 도와주겠다는 말을 듣자 아무런 이유 없이 위 경찰관에게 욕설하면서 오른손을 들어 위 경찰관을 때리려 하고, 왼발로 위 경찰관의 오른쪽 허벅지를 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes to Bag video photographs, Bag video images, Bag video images, CDs, Babbbbox images, etc.

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of recommendations according to the sentencing guidelines: The basic area of the crimes of obstruction of the performance of official duties shall be between six months and one year and six months (decision of type): There exists no category 1 (person who has been subject to obstruction of the performance of official duties and coercion of duties) (the area of recommendations).

3. A ruling of sentence: Six months of imprisonment with prison labor, and one year of probation, the defendant by exercising force and obstructing the legitimate performance of duties by a police officer, and the nature of such crime is not good;

However, in light of the fact that the extent of the type of punishment used by the Defendant is relatively minor, the fact that the Defendant acknowledges and reflects his mistake, and that there is no record of criminal punishment exceeding the fine up to this system, etc., the Defendant’s age, character and behavior, environment, family relationship, means and consequence of the instant trial process, including the Defendant’s age, character and behavior, family relationship, the method and consequence of the crime, and the degree of punishment for similar cases, shall be taken into account.