A defendant shall be punished by imprisonment for four 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. 5. 29. 23:45경 시흥시 B에 있는 ‘C’에서, 피고인이 술값을 내지 않고 행패를 부린다는 112 신고를 받고 현장에 출동한 시흥경찰서 D파출소 경장 E로부터 술값을 내고 귀가할 것을 제안받자, 술에 취한 채 아무런 이유 없이 “야, 니네 여기에 뽄지 먹었냐 야이 개새끼들, 씨발새끼들, 염병하십니까 ”라고 욕설하면서 이마로 피해자의 안면 부위를 2~3회 밀치는 등 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. A written statement of F and G;

1. Application of damaged photographs and documentary video CD-related Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The crimes obstructing the performance of official duties by police officers on the grounds of sentencing of Article 62(1) of the Criminal Act requires strict punishment in order to protect the legitimate functions of the State and to establish a sound social order.

However, the sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant recognized the crime, the fact that there is no record of the crime exceeding the amount of punishment for the same kind of crime or the fine, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., shall be comprehensively taken into account.