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 2018. 11. 7. 20:44경 거제시 B건물 C호 부근 쪽방에서, 24회에 걸쳐 특별한 내용 없이 반복적으로 “D 개새끼, 너희들 다 죽어야 해”라고 욕설을 하며 112신고를 하였고, 이에 구체적인 신고 경위 확인을 위해 출동한 경남 거제경찰서 E지구대 소속 경찰관 경사 F, 순경 G이 현장에 도착하여 피고인에게 인적사항을 물어보자 “야이 개새끼들아 너거 씨발 새끼들은 욕을 쳐들어야 한다, 야 씨발놈들 너거 뭐하는 놈이고, 죽이삔다.”라고 욕설을 하면서 경사 F을 향하여 때릴 듯이 행동하고, 순경 G으로부터 이를 제지당하자 화가 나 손바닥으로 위 G의 뺨을 1회 때렸다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G and F

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

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsers): In cases where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for four months, suspension of execution for one year (unfair circumstances) (limited to a state’s legal order and order, and eradicating the light of the public authority, it is necessary to punish a police officer to commit a crime that interferes with the police officer’s performance of official duties.

around 2015, the Defendant was punished for a suspended sentence for committing a crime similar to this case.

[Modern circumstances] It is difficult to see that the degree of assault is serious.

The defendant shows an attitude of wrong recognition and reflect.