A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2019. 9. 29. 22:25경 대구 북구 B 앞 노상에서 대리운전기사에게 대금을 지급하지 않은 내용으로 112 신고를 받고 출동한 대구강북경찰서 C지구대 소속 경위인 피해자 D(54세)으로부터 대금을 지급하고 귀가할 것을 요청받자, '개새끼들아 알아서 해라, 씨발 짭새 새끼들'이라고 욕설을 하며 왼손으로 피해자의 목 부위를 조르고 손으로 목 부위를 때려 피해자에게 약 3주간 치료가 필요한 경추의 염좌 및 긴장 등의 상해를 가하였다.

As a result, the Defendant interfered with the police officer's legitimate performance of duties concerning handling 112 reports, and at the same time injured the victim who is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement (E), D, and E, each police statement;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) The elements for mitigation of a general injury (type 1): In cases of a crime (including serious efforts to recover damage) or damage to a considerable part of it (the area of recommendation and the scope of recommendation), reduction area, imprisonment with prison labor for two months or ten months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to one year (the maximum of crimes No. 2).

3. Determination of sentence - Police Officers shall assault.