Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 The Defendant was sentenced to six months of suspended sentence on May 18, 2017 by the Seoul Northern District Court on the part of the Defendant, who was sentenced to two years of suspended sentence, and the said judgment became final and conclusive on May 26, 201.
【 범죄사실】 피고인은 2017. 12. 26. 20:30 경 서울 강북구 B에 있는 C 주점 내에서, 술값 문제로 소란을 피우다가 112 신고를 받고 출동한 서울 강북 경찰서 D 지구대 소속 경위 E으로부터 귀가하라는 말을 듣게 되자 “ 똘 아이 새끼야, 양아치, 씨 발 놈 아. 경찰이고 좆이고, 니들 내가 내는 세금으로 월급 쳐 먹는 거 아녀. 모가지를 비틀어 버려.” 라는 등으로 욕설을 하며 양손으로 위 E의 가슴을 10여 차례 밀쳤다.
Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports by police officers.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement;
1. Each report on investigation;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of facts during the period of suspended sentence of a suspect);
1. The relevant Article of the Criminal Act, Article 136(1) of the Criminal Act regarding criminal facts, the Defendant’s reason for sentencing of sentence of imprisonment is against the time when committing the instant crime.
However, the Defendant committed the instant crime without being aware of it even during the period of probation.
It is not good to commit a crime against a police officer who was dispatched without paying the drinking value, and interfered with official duties.
The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.