A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

피고인은 2015. 7. 29. 02:15경 제주시 C 앞에서 가정폭력 신고를 받고 출동한 제주동부경찰서 D지구대 소속 순경 E이 사건 경위를 청취하던 중 벌금미납으로 수배된 사실을 확인하고 피고인을 체포하려 하자 위 E의 얼굴 부위를 머리로 1회 들이받고 배 부위를 양 발로 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officials on criminal investigation, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Determination of types: Type 1 of obstruction of performance of official duties (influence of performance of official duties);

2. Scope of recommendations: Imprisonment with prison labor for up to one year and four months (basic sphere).

3. Determination of sentence: The nature of the instant crime committed by a police official in the course of performing his/her duties in eight months of imprisonment is heavy, the degree of the type of force he/she exercised is not weak, and the circumstances after the instant crime are committed, such as attempting to exercise violence again while taking a bath to police officers even after the Defendant was arrested and taken in the earth.

Considering the fact that the defendant's criminal records have reached four times, among them, the crime of violence has been committed three times, and among them, the crime of obstruction of the performance of official duties has been committed as in this case and the defendant has been sentenced to a punishment for a short term of eight months and a short term of six months, it is reasonable to sentence the defendant to imprisonment.

On the other hand, the circumstances, such as the fact that the wife suffered by the police officer is minor and does not reach the result of the injury, the fact of the crime is recognized by the defendant, the fact that there is no record of punishment heavier than the fine since 2010, the fact that there is no record of punishment heavier than the fine, and the fact that the wife has to support his spouse and children as the most.