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. 23:19경 전남 완도군 B에 있는 C이 운영하는 D주점 1층 사무실에서, ‘종업원인 피의자가 밖으로 나가지 못하게 한다’는 112 신고를 받고 현장에 출동한 완도경찰서 E파출소 소속 경위 F, 경위 G가 위 C을 상대로 신고 경위를 파악하고 있는 중, 갑자기 ‘이 씨발놈의 새끼들아’라고 욕설을 하며 발로 위 F의 다리를 2회 걷어차고 계속하여 이를 제지하려던 위 G의 다리를 발로 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and C;

1. Application of Acts and subordinate statutes to one copy of a report on investigation (Attachment to a detailed statement for dealing with 112 reported cases) and a statement for dealing with 112 reported cases;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the relevant criminal facts;

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

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

1. Scope of punishment by 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: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence;

A. Unfavorable circumstances: The crime of this case was committed by the defendant without any particular reason and obstructed the legitimate performance of official duties by the police officers dispatched after receiving a report without any specific reason, and the nature of the crime is not weak;

B. favorable circumstances: After committing the instant crime, the Defendant immediately sought a letter to the victimized police officer.

After that, the court recognizes his fault and seriously reflects his fault until this court.

In the past, a fine is imposed once in addition to punishment.