A defendant shall be punished by imprisonment for six months.

Punishment of the crime

피고인은 2013. 9. 18. 18:20경 충북 청원군 C에 있는 ‘D마트’ 앞 도로에서, 술에 취하여 행패를 부리다가 신고를 받고 출동한 청주상당경찰서 E파출소 소속 경사 F, 경사 G로부터 귀가할 것을 권유받고, 아무런 이유 없이 “이 개새끼들아, 똥파리면 다냐. 니들이 왜 참견이냐, 씹새끼들아. 이 씹새끼들, 까불면 죽여 버린다”라고 욕설하면서 발로 경사 F의 왼쪽 옆구리 부위를 1회, 복부를 2회 각 걷어차고, 경사 G가 이를 제지하자, 오른손 주먹으로 경사 G의 왼쪽 눈 부위를 1회 가격하고, 발로 경사 G의 복부를 3회 걷어찼다.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of H, F, and G;

1. Application of Acts and subordinate statutes on the part of violence;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The crime of this case is very heavy in light of the nature and circumstances of the crime and its contents, the degree of assault against police officers, and the circumstances before and after the crime, etc.

Furthermore, the Defendant committed the same offense even though he had been sentenced to a suspended sentence of two years in August of 2003 due to the crime that the Defendant obstructed police officers from performing their official duties in around 2003 and inflicted bodily injury on police officers in one of them, and thus, the Defendant committed the same offense. Therefore, it is inevitable to severely punish police officers.

In addition to the above circumstances, there are no previous convictions and no previous convictions after around 2003, and various sentencing conditions, such as the Defendant’s age, character and conduct, occupation, and family relationship, are taken into account. The scope of the recommended sentence according to the sentencing guidelines for the instant crime is from 6 months to 1 year, and the obstruction of performance of official duties is committed.