Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2017. 1. 5. 21:56 경 경남 고성군 B에 있는 C 대리점 앞 노상에서 지인과 다투던 중 ‘ 남자 2명이 싸움을 한다’ 는 112 신고를 받고 그곳에 출동한 경남 고성 경찰서 D 지구대 소속 경위 E에게 “ 귀에 피가 나니 휴지를 달라” 고 하였으나, 위 경찰관으로부터 휴지가 없다는 말을 듣자, “ 씨 발, 짭새 들 좆같이 하네,
As a result, I expressed that the Republic of Korea will return well, and received the left chest of the police officer as his head.
As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling reports and preventing crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to investigation reports (related to photographs);
1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;
2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to one year and four months) (the person who is subject to special sentencing] of the types of crimes obstructing the performance of public duties, which constitute a crime obstructing the performance of public duties.
3. The sentence of this case is an unfair infringement upon police officers’ legitimate performance of official duties, and the case is not easy, but the defendant is divided while committing a crime; the damaged police officer does not want the punishment against the defendant; the defendant has no record of criminal punishment after around 2005; the defendant has no record of criminal punishment; the defendant's age, sex, environment, motive, means and consequence of a crime; and other circumstances, which include the conditions for sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., shall be determined as ordered by the sentence.